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(영문) 서울서부지방법원 2015.11.06 2015가단222800
건물명도
Text

1. Of the first floor of the real estate listed in the separate sheet to the Plaintiffs:

A. Defendant C Co., Ltd. shall indicate the annexed drawings 1, 2, 2.

Reasons

1. Basic facts

A. On December 15, 2014, the Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant commercial building”) from E, which is one of the neighborhood living facilities, and completed the registration of ownership transfer as to the instant commercial building on January 15, 2015, with the shares of 1/2, respectively.

B. From April 6, 2007, Defendant D completed the registration of the entire 198.00 square meters of the first floor among the instant commercial buildings from E as of April 6, 2007, as the lessee who leased the entire 198.00 square meters of the instant commercial buildings, 3.7 million won of monthly rent (4 million won after the increase of the amount, separate value-added tax), and 2 years of rent. The location of the instant commercial building was the location of the location of the instant commercial building, and registered its business

C. Around April 10, 2013, Defendant C Co., Ltd. (the representative director or representative is Defendant D’s husband G; hereinafter “C”) entered into a lease agreement with E on the condition that Defendant C rents 101 of the first floor of the instant commercial building (area 30,000 square meters) for one year from April 10, 2014 without a deposit deposit, and completed the registration of the business as of April 29, 2013 with the location and location of the principal office of the instant commercial building as of 101.

On the other hand, as of November 1, 2013, Defendant C and E drafted a lease agreement with the object of lease as of November 1, 2013, stating the term of 101 square meters on the first floor of the instant commercial building (area 100 square meters), monthly rent of one million won, and the term of November 1, 2014.

The entire 1st floor of the instant commercial building is indicated only as retail stores in the copy of the register, and there is no indication as to the partitioned building of 101 square meters or 100 square meters, and there is no evidence that can specify the leased object by classifying it from among the 1st floor of the instant commercial building, such as drawings indicating the location or size of 101 even in the lease agreement dated April 10, 2013 and November 1, 2013.

E. Of the 1st floor of the instant commercial building, Defendant C is a part of 30.00 square meters inside the ship connecting each point of the items indicated in the attached Form 1, 2, 3, 4, and 1 (hereinafter “instant part”) and the Defendant.

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