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(영문) 대구지방법원김천지원 2015.01.28 2014가단5292
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant).

delivery of the real estate recorded in the attached list;

(b) 2,000,000; and

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. A. Around March 21, 2009, Nonparty C, D, E, F, G, H, and I concluded a lease agreement with the Plaintiff on each of the following terms: (a) the lease deposit was KRW 150,00,000,000, monthly rent of KRW 480,000,000; and (b) the lease term was from April 1, 2009 to March 31, 2014:

B. On May 19, 2009, the Plaintiff entered into a sub-lease contract (hereinafter “the sub-lease contract of this case”) with the Defendant on the real estate listed in the attached list, namely, the second floor golf practice range and general restaurants on the ground among the instant building (hereinafter “instant store”), with each of the sub-lease contracts (hereinafter “the sub-lease contract of this case”) for the period from June 1, 2009 to May 31, 2012. E, the representative of the owner of the instant building, consented to the said sub-lease by the Plaintiff against the Defendant.

C. On March 29, 2012, the Plaintiff notified the Defendant of the termination of the contract following the expiration of the contract and the restoration of the store of this case to its original condition pursuant to the instant sublease contract.

Around June 1, 2012, the Plaintiff prepared a business agreement with the Defendant regarding the instant store (hereinafter “instant contract”) and entered into a term “instant contract” (hereinafter “instant contract”). The specific details are as follows.

In order to jointly distribute profits accruing from the operation of the instant building (skin golf machinery, two cafeterias, and cafeterias), the Plaintiff and the Defendant conclude a contract as follows:

Article 1 (Liability to Invested by the Plaintiff) The Plaintiff shall complete its obligation to make investments, such as providing the Defendant with places and all kinds of facilities necessary for the Defendant’s management (Scal soundproofing facilities, house fixtures, part of the store fixtures, and air conditioners).

Article 2 (Property Contribution by Defendant) The Plaintiff and the Defendant are the value of the facilities (two for straw golf machines and part of the collection costs) invested by the Defendant for the golf or restaurant business that is screened by the Defendant.

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