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(영문) 수원지방법원 2020.11.05 2019가단558135
건물명도(인도)
Text

The defendant shall indicate the plaintiffs in attached Form 1 drawings (1), (2), (3), (4), (5), and (1) respectively.

Reasons

1. Facts of recognition;

A. Since March 31, 1983, D owned the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). On December 28, 2018, D donated 1/10 shares of the instant real estate to A, and on December 21, 2018, donated 4/10 shares of the instant real estate to A, 5/10 shares, respectively, to the Plaintiff.

B. Around March 1998, the Defendant leased approximately KRW 1,2, and KRW 75 (hereinafter “instant building”) out of the instant real estate from D (hereinafter “instant building”) and operated a fireworks house in the instant building along with wife E (F before the opening of the name).

C. Since then, the above lease contract has been continuously renewed between D and the Defendant (However, the rent was changed to KRW 1.2 million per month until March 2005 and KRW 1.4 million per month until April 2013), and around February 25, 2010, the name of the above fireworks was changed from the Defendant to E on February 25, 2010.

In addition, on April 1, 2013, E, the Defendant’s wife, entered into a lease agreement with E, setting the lease deposit for the instant building from D, KRW 30 million per month for rent, KRW 1.6 million per month for rent, and the lease period from April 10, 2013 to April 9, 2015 for lease (hereinafter “instant contract”). E, as in the previous case, operated the fireworks house in the instant building with the Defendant, and thereafter, the instant contract was explicitly renewed.

E. From August 2017, the Defendant registered the instant real estate with the trade name of “G” in the part on a ship connected with each of the instant points, among the real estate, from August 1, 201 to August 1, 2017, the part of the instant building, which is the leased object under the instant contract, is occupied up until now while operating the restaurant.

F. The Plaintiffs received donations from D on January 30, 2020 from E, and the above lease contract is no longer renewed.

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