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(영문) 부산지방법원 2018.10.05 2018나44340
토지인도
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's claim as to the above revocation part.

Reasons

1. In the first instance trial, the Plaintiff filed a claim against Defendant B for removal of the claim, the claim against Defendant C for removal of the claim, the claim against the Defendants for removal and delivery of the claim against the Defendants, and the claim against the Defendants for restitution of unjust enrichment of the claim against the Defendants.

The court of first instance accepted the plaintiff's claim for removal of the claim, the claim for removal of the claim, and the claim for removal among the claims for removal of the claim, and partly accepted the claim for delivery among the claims for delivery, and dismissed the claim for the claim.

As the defendants appealed, the scope of the court's trial is limited to the claims for removal of claims, claims for removal of claims, and claims for removal of claims.

2. Basic facts

A. On October 1, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and E Co., Ltd. (hereinafter “E”) with respect to the portion of 286.75 square meters in the ship (hereinafter “the instant portion”) connected each point in sequence with the indication of the drawings attached to the said land, among the said forests and fields, the Plaintiff entered into a lease agreement between the Plaintiff and E Co., Ltd. (hereinafter “instant lease agreement”) with the owner of 9,002 square meters in Busan-gun, Busan-gun, for KRW 5 million and KRW 600,000 per month (hereinafter “instant lease agreement”).

The above lease contract includes a provision prohibiting the sub-lease of the plaintiff without the lessor's consent.

B. (1) On October 2013, the Plaintiff entered into a sub-lease contract between the Plaintiff and the Defendants, etc. (hereinafter “instant sub-lease contract”) part of the sub-lease (B) that connects each point of the items indicated in the annexed drawings No. 5, 6, 7, 8, and 5 in sequence around October 2013 (hereinafter “instant (B)”).

[2] Part (c) of the ship which connects each point in sequence 9, 10, 11, 12, and 9 of the Schedule No. 9, 10, 11, 12, and 9 of the Schedule No. 9 (hereinafter

[2] A sublet B to Defendant C at KRW 1,00,000 per month, and Defendant C installed two container-type facilities in the instant sub-paragraphs (b) and (c) and operates coffee stores. 2) The Plaintiff around April 2014, attached Form 3.

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