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(영문) 부산지방법원 2015.04.15 2013가단78248
전대차목적물반환 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. Presumed factual basis

A. The pertinent Plaintiff is a company established for the purpose of the business of trade of vessel parts, the business of manufacturing vessel parts, etc., and the Defendants and C sublet the real estate listed in the separate sheet (hereinafter “instant building”) as follows. Defendant A is the trade name of “D”, Defendant B is the trade name of “E”, and Defendant C is the trade name of “F”, and Defendant C is the trade name of “F”, while engaging in the business of manufacturing each vessel parts, machinery parts, etc., one third of the instant building from the Plaintiff.

B. On March 30, 2012, the Plaintiff entered into a sub-lease contract of this case between the Plaintiff, the Defendants, and C, and the Plaintiff: (a) around April 30, 2012, the lease deposit amount of KRW 30 million; (b) monthly rent of KRW 3.3 million; and (c) the period from April 20, 2012 to April 19, 2014; and (b) the lessor entered into a sub-lease contract between Defendant B and C with the terms and conditions that the lessor would prepare and provide a sub-lease agreement; and (c) thereafter, the Plaintiff entered into a sub-lease contract between Defendant B and C with the amount of KRW 5 million (90 square meters) of the lease deposit, monthly rent, and the period from April 20 to April 19, 2012 to April 20, 2014.

In addition, on May 30, 2012, the Plaintiff entered into a sublease contract between Defendant A and Defendant A with the content that the portion of 1/3 (100 square meters) of the instant building is KRW 5 million as the sublease deposit, monthly rent-free, and the sublease period from May 30, 2012 to May 29, 2014.

(3) The Defendants and C divide the instant building into three equal parts from the date of concluding each sub-lease contract, and each of them occupied each of the pertinent parts, and engaged in the business of manufacturing ground parts, etc. at each of them. The occupied area is approximately thirty square meters, respectively. On the other hand, on October 1, 2012, the Plaintiff between C and C around October 1, 2012.

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