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(영문) 서울동부지방법원 2014.11.04 2013가합103948
건물명도
Text

1. The Defendants deliver to each of the Plaintiff the real estate indicated in the attached Table “Real Estate List”.

2. The plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) leased the real estate indicated in the separate sheet “Real Estate List” (hereinafter “instant Nos. 101”) adjacent to subparagraphs 102 and 103 of this case to its owner and used the partitions removed between subparagraphs 101 and 102 of this case and subparagraphs 103 of this case as one office.

B. After that, the Plaintiff acquired the right of lease No. 101 from Defendant B, and completed the registration of ownership transfer on September 26, 2012 after purchasing No. 101 from Nonparty G who was the owner of the instant No. 101 on September 4, 2012.

C. After that, Defendant B discontinued the business and entered the actual place of business closure. Nonparty C acquired the ownership of the instant Nos. 102 and 103. Defendant C (hereinafter “Defendant C”) leased the instant Nos. 102 and 103 from H. Since around that time, Defendant C and Defendant D Co., Ltd (hereinafter “Defendant D”) jointly used the instant Nos. 102 and 103 as offices.

On February 28, 2013, the Plaintiff indicated the instant lease agreement (No. 7) No. 101 to Nonparty I as the area of the building 35.078 square meters. The remaining area, excluding the area of the section for exclusive use under subparagraph 101 of the instant case, refers to the area adjacent to No. 101, which was remodeled into the office as seen below, and it is unclear whether it refers to the parking space for subparagraphs 101, 102 and 103 of the instant case. The Plaintiff leased the instant lease by setting the lease deposit amount of KRW 70 million, KRW 4.5 million, KRW 4.5 million, KRW 4.5 million, and period of lease as of February 28, 2015 (hereinafter “the instant lease”). The Plaintiff leased the instant lease from I as the lease deposit money from the I, February 5, 2013, KRW 500,000, monthly same month.

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