logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.12.10 2019나87832
건물명도(인도)
Text

The first instance judgment, including any claims added and reduced in this Court, shall be amended as follows:

A. The defendant is a defendant.

Reasons

1. Basic facts

A. The Plaintiff B and the deceased G (hereinafter “the deceased”) purchased real estate listed in the separate sheet (hereinafter “the instant real estate”) and shared 1/2 shares from December 13, 1996, respectively. As from August 27, 2014, the Plaintiffs shared 1/2 shares of the instant real estate from August 27, 2014, the Plaintiff Company A inherited the deceased’s shares due to a consultation division.

B. On August 11, 2009, the Defendant concluded a contract to lease the instant real estate from the Plaintiff B and the Deceased (hereinafter “instant lease contract”) as “the lease deposit amount, KRW 50 million per month of rent (excluding value-added tax), and KRW 2 million per month of rent payment (hereinafter “the instant lease contract”) with the owner of the D Building E and F (hereinafter “E”) adjacent to the instant real estate, and from August 28, 2009 to August 27, 201, the Plaintiff B and the Deceased.”

At the time, the plaintiff B, the deceased, and the defendant agreed on the special terms of "the new tenant shall remove the wall, expand it, and restore it to its original state upon maturity."

C. After the Defendant’s delivery of the instant real estate in accordance with the instant lease agreement, the Defendant carried out construction works to expand the control points that the Defendant had operated. At that time, the Defendant used the entire real estate, E, and F for the Defendant’s business purposes.

After the deceased’s death, the Plaintiffs and the Defendant concluded an agreement on September 27, 2014 to partially alter the terms of the instant lease agreement from August 28, 2014 to August 27, 2015, as “from August 28, 2014 to August 27, 2015, lease deposit KRW 50 million, monthly rent KRW 3 million (excluding value-added tax),” and thereafter, the instant lease agreement has been implicitly renewed each year.

E. On October 16, 2017, the Defendant paid the tea to be paid in November 3, 2017, and the tea to be paid in November 16 of the same year is the tea to be paid in November 2, 2018.

arrow