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(영문) 대전지방법원홍성지원 2016.08.16 2015가단12239
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a co-owner who has completed registration of preservation of ownership on shares of 1/2 of the real estate listed in the separate sheet.

B. On February 1, 2007, the Plaintiff leased the C Fishery Market 204 store located in Bohnam-si B to D for the purpose of restaurant, and on January 31, 2009, the security deposit is deemed to be the amount equivalent to 120% of the rent out of the special contributions of 35 million won to be paid by D, and the rent is set as KRW 10 million for one year in length and the term of the contract is from February 1, 2007 to January 31, 2009.

After the extension of the above lease contract, the Plaintiff leased the above 204-year rent of KRW 15 million (the provision on security deposit was deleted) to the above D on March 1, 2014, and the contract term was set from March 1, 2014 to February 28, 2016.

C. However, around November 11, 2015, D transferred the Plaintiff’s equity shares to E, and applied for the change of lessee to the Plaintiff. Accordingly, on November 12, 2015, the Plaintiff entered into a new lease agreement between E and E with respect to the store No. 204 of the instant fisheries market for one year in which the rent is set at KRW 15 million and the contract period from November 12, 2015 to February 28, 2016.

Meanwhile, around July 15, 2014, the Defendant prepared a partnership agreement on the operation of the above fisheries market No. 204 and occupied and used the above fisheries market No. 204 since that time. The main contents of the partnership agreement are as follows.

① In the sense that the Defendant guarantees the operation of all management responsibilities and restaurants as black, 24 million won shall be kept in D and D at the time of cancellation shall be refunded 24 million won to the Defendant.

(2) The fund management of a restaurant shall be determined by agreement, and the fund manager of the restaurant shall pay 140,000 won per month to D and the defendant as business expenses.

③ The rent to be paid to the Plaintiff shall be paid out of the operating expenses, and 12.50,000 won per month shall be accumulated in the Plaintiff.

(4) The contract period of the same business shall be 12 months, and the contract may be renewed by mutual agreement after settlement of accounts.

(5) D shall have a right to operate a store to a third party.

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