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(영문) 대구지방법원 2016.06.30 2016나301323
건물명도
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiffs are children of the network D, and E is the husband of the network D.

The plaintiffs and E are the successors of the network D.

B. The network D owned the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

The Network D died on February 19, 2013, and the Plaintiffs received 2/7 shares in the instant real estate and 3/7 shares in E.

C. On July 6, 2010, the Defendant concluded a lease contract with a deposit of KRW 30 million for a store on the south side of the first floor, among the instant real estate, with a period of KRW 400,000,000 for monthly rent, from July 10, 201 to July 9, 2012, and the same month.

7. Of the instant real estate, a lease contract was concluded by setting the deposit amount of KRW 20 million and monthly rent of KRW 450,000 on the 25th floor stores among the instant real estate.

After that, on September 10, 201, the Defendant entered into a lease agreement with the network D setting the rent of KRW 450,000 per month on the second floor of the instant real estate.

On August 14, 2013, between E and E, the Defendant entered into a lease agreement with regard to the first and second floors of the instant real estate by setting a deposit of KRW 100 million, monthly rent of KRW 2.4 million, and the term of lease from August 14, 2013 to August 13, 2015.

E. After that, the Defendant: (a) divided into contracts with E on January 9, 2015; (b) concluded a lease agreement with E as of January 9, 2018 (hereinafter “instant lease agreement”); (c) with respect to the first floor of the instant real estate, KRW 50 million, monthly rent of KRW 1 million; and (d) with respect to the second floor of the instant real estate, KRW 50 million, monthly rent of KRW 1.4 million shall be deposited into the Plaintiff’s National Bank account; and (d) concluded a lease agreement with each term of lease as of January 9, 2018 (hereinafter “instant lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The Plaintiffs agree to the determination of the cause of the claim by E who did not have a majority of the instant real estate.

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