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(영문) 수원지방법원안양지원 2019.04.25 2018가단106010
부동산 인도 청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence Nos. 1 to 3 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the fact-finding with respect to the chief of both tax offices during this court.

The Plaintiff entered into a contract to establish a right to lease on a deposit basis with F as to a building listed in attached list No. 1 (hereinafter “instant building”) owned by F around January 30, 2015 (hereinafter “instant building”) from January 31, 2015 to January 30, 202. A person who completed the registration of the establishment of a right to lease on a deposit basis on a deposit basis on the deposit basis, and completed the registration of the establishment of a right to lease on a deposit basis on February 2, 2015, appears to have operated a hospital with the trade name “G hospital” from a significant portion of the instant building.

B. On December 2, 2014, the Plaintiff entered into a lease agreement with Defendant B, setting up a lease deposit of approximately KRW 20,000,000 among the first floor of the instant building as a coffee specialty store until February 8, 2017 (hereinafter “first lease agreement”). Defendant B paid the Plaintiff the deposit amount of KRW 20,000,000 to the Plaintiff, and thereafter, Defendant B operated a coffee specialty store with the trade name “H” with the head of tax office having jurisdiction over that time.

C. On December 2, 2014, the Plaintiff entered into a contract with Defendant D, the mother of Defendant B, to lease approximately KRW 13 square meters of the first floor of the instant building with a lease deposit of KRW 20 million until February 8, 2017, and with a convenience store for use (hereinafter “second lease contract”). Defendant D paid the Plaintiff the deposit amount of KRW 20 million to the Plaintiff, and around that time, Defendant D registered the Plaintiff with a trade name “I” and operated the store.

With the consent of F, the Plaintiff, between Defendant B’s father and Defendant D’s wife on December 26, 2015, used approximately KRW 20 square meters of the first floor of the instant building by December 25, 2020, with the lease deposit of KRW 40 million and the period of December 25, 2020.

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