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(영문) 부산지방법원 2015.03.12 2014가합46733
건물명도
Text

1. The defendant

A. 1) A deliver the real estate listed in the separate sheet No. 1 to Plaintiff A, and 2) 21,143,020 won and this.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the real estate listed in the separate sheet No. 1 among the D buildings located in Busan Northern-gu C and three parcels (hereinafter “instant commercial buildings”); Plaintiff B is the owner of the real estate listed in the separate sheet No. 2 and No. 3 among the instant commercial buildings.

B. The sectional owners of the instant commercial building, including the Plaintiffs, promoted the salesroom E operated by the Defendant under the direction of Jung-ok Co., Ltd. for the purpose of revitalizing the business district of the instant commercial building (hereinafter “Yeo-ok”).

C. On December 2, 2009, the Defendant entered into a MOU with the Defendant on December 2, 2009, with a view to entering into a lease agreement with respect to the 7th floor among the instant commercial buildings by being delegated with all authority, etc. regarding the conclusion of the lease contract from the sectional owners of the 1st and the 6th floor above the ground.

Plaintiff

A, on January 11, 2010, entered into a lease agreement with a lease term of ten years, 5,000,000 won, monthly rent of KRW 1,50,000 for real estate listed in the attached Table 1 list, and the Plaintiff B entered into a lease agreement with a lease term of ten years, 10,000,000 for the lease deposit of ten years, 10,000,000 for the lease deposit, and 2,60,000 for the rent of KRW 2,00 for the lease of real estate listed in attached Table 2 and 3 list.

E. On March 9, 2010, the Plaintiffs provided the Defendant with the following written consent.

AD: Specifying that he will appoint the person as the mandatary and negotiating representative, delegate the following and not raise any objection on the matters agreed to by the mandatary:

2. Matters to be agreed;

1. All authority to conclude a lease agreement - The authority to determine the terms and conditions of the lease agreement (the contract period, deposit, and rent);

2. Authority to make detailed procedures for and methods of receiving deposits and rents;

F. The co-owners of the instant commercial building, including the Plaintiffs, are the Defendant and the Defendant, through a mistake representing them on March 11, 2010, with a lease term of ten years and a lease deposit of five billion won.

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