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(영문) 부산지방법원 2018.11.08 2018가단309428
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C, D, and E jointly indicate 1, 2, 3, 4.0 of the fourth floor of the building listed in the separate sheet.

Reasons

1. Basic facts

A. On March 1, 2008, Defendant B and D operated a restaurant in the name of “G” (hereinafter “instant restaurant”) among the buildings listed in the separate sheet (hereinafter “instant building”) from F on March 1, 2008, with a deposit of KRW 10 million, KRW 500,000 per month (payment of KRW 30,000 per month), and KRW 50,000 per month (payment of KRW 30,000 per month), and two years for lease.

B. On February 1, 2011, Defendant D decided to rent approximately 10,000 square meters out of the third floor of the instant building to KRW 250,000 per month without a deposit in order to use it as a rest space for employees of the instant restaurant. As a special agreement, Defendant D decided to use the underground of the instant building under the lessee’s responsibility.

C. On December 30, 2016, the Plaintiff purchased the instant building, I’s site, and its ground from F, etc., Busan J, Busan, and completed the registration of ownership transfer in the Plaintiff’s future.

E. On January 12, 2017, the Plaintiff: (a) removed the instant building to Defendant B and D; and (b) was planned to use it as a parking lot; and (c) notified that the instant lease expires.

F. On April 14, 2017 and November 28, 2011 of the same year, the Plaintiff notified Defendant B and D of the termination of the instant lease agreement as of March 30, 2018.

G. Defendant C is maintained until now by filing a move-in report on each of the instant buildings on August 20, 2009 and December 10, 2009.

H. At present, the Defendants did not use three floors among the instant buildings, and used the first floor, the underground, and the fourth floor 502.

[Ground of recognition] Facts without dispute, Gap 1-11 evidence, Eul 1-2-2, the purport of the whole pleadings

2. Determination on the claim against the defendant B, D, and E

A. There is no dispute between the parties that the lease on the first floor (the restaurant in this case) of the instant building was terminated on March 30, 2018 with respect to the first floor of the instant building, among the instant building, due to the delivery of leased objects and the obligation to return unjust enrichment equivalent to rent. 2) There is no dispute between the parties to the instant building on the fourth floor, 502, and underground.

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