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Reasons
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(영문) 대구지방법원 2019.01.23 2018가단123670
건물명도(인도)
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1. Defendant C, D, E, Defendant C, and E receive KRW 15 million from the Plaintiff, at the same time, the list is attached to the Plaintiff.

Reasons

1. Facts of recognition;

A. F was the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). On April 18, 2008, F concluded a lease agreement with the lessor as the lessor, Defendant B, and E, setting the lease deposit amounting to KRW 15 million, monthly rent, and the lease term of the instant real estate to the lessee for three years from July 1, 2008 (hereinafter “instant lease agreement”).

B. Around July 1, 2011, a lease agreement was concluded between F as a lessor, Defendant B, and E with the terms that the lessor leases the instant real estate to the lessee with the lease deposit of KRW 15 million, monthly rent of KRW 800,000,000, and the lease period of the instant real estate for two years from July 1, 2011 (hereinafter “instant lease agreement”).

C. On July 1, 2016, F as a lessor, Defendant B, and E, the lessor entered into a lease agreement with the lessee, setting the lease deposit of the instant real estate as KRW 15 million, monthly rent of KRW 900,000,000, and the lease period as two years from July 1, 2016 (hereinafter “instant third lease agreement”).

On the other hand, from April 2008, Defendant D and Defendant E operated the restaurant (hereinafter “instant restaurant”) in the real estate from April 2008 to that of this case, and they reported the proprietor to Defendant B.

E. When Defendant B was unable to maintain the name of the proprietor of the instant restaurant due to the circumstances, around December 2016, F entered into a lease agreement with the lessor on the lease deposit amounting to KRW 15 million, monthly renting KRW 900,000,000, and the lease term of the instant real estate for two years from July 1, 2016 (hereinafter “instant lease agreement”) with the lessor as the lessor, Defendant C (Defendant D’s son’s son’s son’s son’s son’s son’s son’s son), and E as the lessee.

F. The proprietor of the instant restaurant is Defendant C’s business report on December 29, 2016.

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