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(영문) 대전지방법원 2017.01.20 2016나453
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff B (Counterclaim Defendant) is 51,000.

Reasons

Facts of recognition

Defendant B leased real estate indicated in the attached list from E (hereinafter “the instant building”) on March 1, 2003 and operated the “Seoul UwG agency” in the part of the instant building No. 1. 2, 3, 6, 7, and 2, in sequence, among the parts indicated in the attached drawing No. 2, 3, 6, 7, and 2, and the part “A” connected in order to each point of 3,4, 5, 6, and 3, and the part “A” (hereinafter “the part of the instant building No. 1”) connected in order, and registered the business on March 1, 2003.

Defendant F leased a part of “C” portion 26.04m2 (hereinafter “the part of the building No. 2 of this case”) on the part of the building No. 2 of this case, which was connected in order to each point of the attached drawing No. 1, 2, 7, 8, and 1, among the 78.12m2 of the above B-dong 1 floor from E, and completed business registration on May 1, 1997, and operated “D” in the part of the building No. 2 of this case.

On March 30, 2012, Defendant B concluded a lease contract with the lease deposit of KRW 60,00,000, monthly rent of KRW 450,000, and the lease term of KRW 24 months for the instant building (hereinafter “instant lease contract”); Defendant F concluded a lease contract with the lease deposit of KRW 60,000,000, monthly rent of KRW 600,000, monthly rent of KRW 600,000, and the lease term of KRW 24 months for the instant building (hereinafter “instant lease contract”).

On March 16, 2015, the Plaintiff entered into a sales contract with the E and H as the purchase price of KRW 1,850,000 for the instant building, which is owned by E and E, with respect to the land of this case, and the land of this case, which is owned by E and H, with the purchase price of KRW 1,850,000 (contract payment of KRW 210,000,000 for the part payment of KRW 140,000 for the part payment of KRW 140,000 for the part payment of KRW 140,000 for the part payment of March 16, 2015, respectively).

At the time, E entered into a special agreement with the Defendants by arranging the lease relationship with them before the remainder payment is made.

(hereinafter “instant sales contract”). According to the instant sales contract, the Plaintiff paid E the intermediate payment of KRW 210,000,000 on March 16, 2015, and the intermediate payment of KRW 140,000,000 on March 18, 2015.

E is against the Defendants.

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