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(영문) 부산지방법원동부지원 2015.04.17 2013가합4974
건물명도 등
Text

1. The Defendant (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) as indicated in attached Form 1, 1, 1, 1, 7, of the seven real estate as indicated in the attached list.

Reasons

1. Basic facts

A. On October 30, 2008, the Plaintiff is a company that leased all the real estate listed in the separate sheet (hereinafter “instant real estate”) through a lease agreement with D on October 30, 2008. Defendant B is a person who transferred all the seven and eight floors among the instant real estate from the Plaintiff, and Defendant C Co., Ltd (hereinafter “stock Co., Ltd.”) is a company established around June 17, 2013 by Defendant B to engage in crowdfunding business on the seven and eight floors.

B. On August 18, 201, the Plaintiff entered into a sub-lease contract with Defendant B with the Plaintiff (hereinafter “the first sub-lease contract in this case”). At the time of the conclusion of the first sub-lease contract, the Plaintiff entered into a contract with Defendant B to sub-let the instant 6 and 7 floors of the instant real estate with the amount of KRW 500 million per month, KRW 52 million per month, and KRW 52 million per month, and the period of sub-lease from December 15, 2011 to December 14, 2016 (hereinafter “the instant first sub-lease contract”). At the time of the conclusion of the first sub-lease contract, the Defendant B provided that the sub-lease subject matter may be used as “facilities related to crowdfunding (facilities annexed to crowdfunding, crowdfunding, crowdfunding sales facilities, etc.), and for external business purposes.”

(2) After the conclusion of the instant sub-lease contract, on September 8, 2011, the Plaintiff entered into a sub-lease contract with Defendant B on the following: (a) the part (a) of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 7, and 1 among the seven floors of the instant real estate, which are attached in sequence 1,76.18 square meters and eight floors, which are attached in sequence 1,2, 3, 4, 5, 6, 76.18 square meters (including the portion (b) in the instant sub-lease 831.6 square meters (hereinafter referred to as the “sub-lease”) with respect to the sub-lease 2,50 million won, the sub-lease 2,60 million won, and the sub-lease 2,600,000 won (hereinafter referred to as the “sub-lease 1, 2011.216.16.215).

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