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(영문) 광주지방법원 2015.08.13 2015가단501239
건물명도
Text

1. The defendant received KRW 11,596,640 from the plaintiff at the same time, and simultaneously received from the plaintiff

(a) real estate listed in the separate sheet;

Reasons

Facts of recognition

C on July 3, 2008, the right to lease on a deposit basis under the name of C and the defendant, and C on the establishment of a right to lease on a deposit basis under the name of the defendant, completed registration of preservation of ownership of the real estate listed in the attached

C On July 13, 2010, when leasing the instant real estate to the Defendant at KRW 100 million, monthly rent of KRW 2 million (excluding value-added tax). In order to secure the Defendant’s claim to refund the lease deposit, C entered into a contract to establish a lease on a deposit basis with the Defendant during the period from August 9, 2010 to August 8, 2012 with respect to the instant real estate, and completed the registration of establishment of a lease on a deposit basis (No. 11813, Jul. 16, 2010) in the name of the Defendant on July 16, 2010.

On September 17, 2010, the Defendant completed business registration in the instant real estate and commenced the business such as a required course.

D and the Defendant sold the instant real estate to D and E on June 30, 201, and the registration of ownership transfer was completed in the name of D (2/3) and E (1/3) on July 12, 2011.

D On August 31, 2012, between the Defendant and the Defendant, a lease agreement was concluded between the Defendant to lease the instant real estate by setting the deposit amount of KRW 100 million, monthly rent of KRW 2 million, and the term from September 1, 2012 to August 31, 2014. 1. At the time of the special agreement, the lessee cannot claim against the lessor the facility and premium.

3. Management expenses shall be according to the practices of the building;

(3,000 won per annum, value added tax). 5. Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and deliver it to the lessor.

The term "assumed" was set.

Plaintiff

The Plaintiff and F sold the instant real estate to the Plaintiff and F on January 30, 2013, and completed the registration of ownership transfer in the name of Plaintiff (7/10) and F (3/10 of equity) on July 26, 2013, the Plaintiff and F (3/10 of equity) decided to succeed to the lease relationship with respect to the instant real estate.

The defendant continues to exist after the term of the above lease expires.

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