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(영문) 수원지방법원 성남지원 2018.03.09 2017가단214052
건물명도(인도)
Text

1. The defendant against the plaintiffs

A. Of the first floor of the building listed in the attached list, indication 1, 2, 3, 4, 5, 6, 7, 8, 1 of the attached list.

Reasons

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 5, and 6, the plaintiffs and the defendant concluded a lease agreement with regard to the size of 45.375 square meters in the ship (hereinafter "the store of this case") connecting each point of the attached Form Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the first floor of the building listed in the attached Table No. 1, 2, 3, 4, 7, 8, and 1 among the buildings listed in the attached Table No. 1, the following facts are as follows: (a) the lessor, the tenant, and the defendant entered into the lease agreement with the plaintiffs on December 25, 2015; (b) the deposit money of 15,000,000 won; (c) the management fee of 50,000 won monthly; and (d) the lease agreement between January 17, 2016 to January 17, 2018.

On December 25, 2015, the Defendant entered into a lease agreement with the Plaintiffs on the instant store, and the Defendant asserted that the name of the business operator was changed from E to the Defendant on June 2, 2016. However, as long as the Defendant attended at the time of entering into the said lease agreement and affixed the seal of the Defendant on the lease agreement, the Defendant entered into a lease agreement on the instant store on December 25, 2015 between the Plaintiffs and the Defendant on December 25, 2015 according to the language and text of the disposition document, and there is no evidence to support the Defendant’s assertion otherwise.

Next, the Defendant alleged that the Plaintiffs recognized the time of the lease agreement with the Defendant on June 2, 2016 at the date of mediation opened on September 15, 2017, but there is no evidence to acknowledge it. The Plaintiffs stated that they made such statement on the date of mediation.

Even if a party makes a statement in the conciliation procedure under Article 23 of the Judicial Conciliation of Civil Disputes Act.

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