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Reasons
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(영문) 대전지방법원 2017.09.21 2017가단3571
임차권에 기한 건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. Attacheds 9,731,600 won and from August 1, 2016.

Reasons

1. Facts of recognition;

A. On July 30, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) from C, the owner of which was KRW 30,000,000, monthly rent, and KRW 1,800,000, from July 31, 2016 to July 31, 2018. The Plaintiff agreed to operate the sports center in the instant building.

1. The Plaintiff receives KRW 80,000,000 from the Defendant and decides to transfer the gymnasiums in the instant building to the Defendant.

2. The Plaintiff shall transfer a gymnasium to the Defendant. The Plaintiff shall receive KRW 10,000,000 out of the transfer price from the Defendant when entering into a contract, and KRW 20,000,000 shall be paid on August 1, 2016, and the remainder of KRW 50,000 shall be repaid within one year from the contract date within one year, and shall be deposited in installments at least KRW 4,170,00 each month.

4. After entering into a contract, the Defendant shall bear public charges, such as rent, management fee, etc. incurred from August 1, 2016 to a sports center.

5. In the event that the Defendant did not perform this contract, the Plaintiff’s right to operate a sports hall, etc. shall be restored to its original condition to the Plaintiff. In the event that the contract is terminated due to a cause attributable to the Defendant, the Plaintiff shall not return the price received from the Defendant to the Defendant.

B. On July 25, 2016, the Plaintiff and the Defendant concluded a transfer contract with the following content (hereinafter “instant transfer contract”).

C. The Defendant, upon delivery of the instant building from the Plaintiff, operated a sports hall, paid only KRW 34,700,000 to the Plaintiff, and did not pay that the instant building was a vehicle generated from the instant building. From August 1, 2016 to April 30, 2017, the Defendant did not pay KRW 9,731,600 in total of the management expenses imposed on the instant building.

On January 31, 2017, the Plaintiff notified the Defendant of the cancellation of the instant transfer contract by failing to pay the transfer price of KRW 45,300,000 and the rent and management expenses incurred from the instant building.

[Reasons for Recognition] A1 to A.

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