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(영문) 대구지방법원 2015.06.17 2014나304458
점포인도 등
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiffs KRW 7,174,245 and the defendant shall pay to the plaintiffs for this.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the buildings listed in the separate sheet (hereinafter “instant building”) and manage them upon delegation by the Plaintiff B and C.

B. On April 14, 2004, Plaintiff A entered into a lease agreement between the Defendant and the instant building with respect to KRW 46 on board (hereinafter “instant store”) that connects each point in sequence with each point, with a deposit of KRW 20 million, monthly rent of KRW 1.3 million, and the period from April 26, 2004 (hereinafter “instant lease agreement”). The Defendant received KRW 20 million from the Defendant, and then delivered the instant store to the Defendant.

C. On April 14, 2006, the Plaintiff and the Defendant drafted a real estate lease agreement with the content that the instant lease agreement was renewed for 24 months from April 26, 2006 to April 14, 2008, and for 12 months from April 26, 2008 to April 26, 2008, respectively, and thereafter, the Defendant occupied the instant store by July 20, 2014 as follows.

On April 30, 2008, the Defendant prepared to the Plaintiff A a letter stating that “The lessor may terminate the instant lease contract after notifying the lessee two months prior to the date on which it is necessary, and the lessee shall deliver the instant store within one month. In the event of delay in delivery, the lessee shall not raise an objection to compulsory execution, and shall bear all civil and criminal responsibilities for the lessee.”

(hereinafter referred to as “instant letter”). E.

Plaintiff

A, on October 22, 2013, notified the Defendant of the transfer of the instant store by November 21, 2013 on the premise that the instant lease contract was terminated.

(F) By May 26, 2014, the Defendant paid the instant rent according to the instant lease agreement. On July 20, 2014, the Defendant issued the key to the instant store to I who was in charge of the instant store. On July 20, 2014, Plaintiff A became aware of the key to the instant store on July 24, 2014.

(g)...

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