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(영문) 대구지방법원 2019.05.02 2018가단102581
건물명도(인도)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. From September 2012, the Plaintiffs entered into a lease agreement (hereinafter referred to as “instant building”) with Defendant C on each real estate listed in the separate sheet (hereinafter referred to as “each of the instant buildings”) which is the Daegu Suwon-gu E, F, G, H land, and its ground buildings owned or owned a part of the Plaintiffs’ shares, and delivered the instant gas station to Defendant C, who is a lessee under the lease agreement (hereinafter referred to as “the lease agreement”) by setting the lease term from September 20, 2012 to September 19, 2017, with Defendant C as KRW 100,000,000, monthly rent of KRW 3 million (excluding value-added tax).

B. On May 2017, the Plaintiffs: (a) declared that Defendant C had no intent to renew the first lease agreement; and (b) requested Defendant C to deliver the instant gas station to Defendant C; and (c) requested J as an intermediary assistant of “I real estate” to mediate the lease agreement.

C. On September 21, 2017, the Plaintiffs entered into a lease agreement with Defendant D as to the instant gas station by setting the lease term from October 1, 2017 to September 30, 202, respectively, as KRW 100,000,000, monthly rent of KRW 7 million (excluding value-added tax), and delivered the instant gas station to Defendant D, who is a lessee on October 1, 2017 under the second lease agreement.

Defendant D is the leakage of Defendant C.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiffs' claims

A. According to the termination of the first lease agreement, the Plaintiffs did not lease the instant gas station to Defendant C any more, and agreed to newly lease the gas station to Defendant C to a third party unrelated to Defendant C without leasing the gas station of this case.

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