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(영문) 대구지방법원 2020.09.11 2019가단107330
부동산인도
Text

From 10,000,000 to 20, the defendant's delivery of real estate stated in the separate sheet from September 27, 2020 to the completion date.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff’s status as a party is the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(B) On February 26, 2008, C, a former owner of the instant real estate, leased the instant real estate to the Defendant. On February 26, 2008, C, a former owner of the instant real estate, leased the instant real estate to Nonparty D, the Defendant, under the name of Nonparty E, with a period of lease of KRW 24 months from February 26, 2008, a monthly rent of KRW 600,000,000. D operated the “F seal” in the instant real estate, and E business registration was also made in its name. B) After purchasing the instant real estate from the said C on March 3, 2014, the Plaintiff succeeded to the said lease contract concluded in the name of the said E on March 5, 2014.

In addition, on March 17, 2014, the Plaintiff re-established the lease agreement between E and the Plaintiff (the lease term from February 26, 2014 to February 25, 2016, and the lease deposit, monthly rent, etc.) in the name of E and the Plaintiff.

After that, on February 12, 2015, D drafted a lease contract again in the name of the defendant, who is his/her own punishment, (the lease term is from February 12, 2015 to February 25, 2017, and the lease deposit, monthly rent, etc. are equally determined; hereinafter the lease contract under the lease contract is equally determined; hereinafter the same shall apply), and business registration of F, was also changed in the name of the defendant, and operated the F, “F” seal continuously from the real estate of this case.

C) Thereafter, from July 2016 to October 201, D issued a certificate of content that the Plaintiff was in arrears to the Defendant, the lessee, on November 1, 2016, to pay the monthly rent of 2640,000 won (including additional tax, and the Plaintiff issued a certificate of content that the Plaintiff requested the Defendant, the lessee, to pay the monthly rent in arrears.

In addition, on January 14, 2017, the Plaintiff entered into a lease agreement with the Defendant on the ground of the above delinquency.

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