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(영문) 서울동부지방법원 2020.10.22 2019가단142320
건물명도(인도)
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 17, 2004, on the real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration was completed in the name of K.

B. On December 31, 2014, K concluded, among the Defendants and the first floor of the instant real estate, a lease agreement as indicated below with regard to each corresponding part of the purport of the claim in the separate sheet (hereinafter “each of the instant lease agreements”). In cases where the leased objects by Defendant are specified, K entered into each of the following lease agreements with regard to each of the corresponding parts as indicated in the separate sheet (hereinafter “each of the instant lease agreements”).

- 1,1,00,000 won 1,1,00,000 won for the monthly rent (including additional rent) management expenses of the lessee of the object of lease on January 1, 2015 - 30,000 won for the first floor on December 31, 2015 - January 1, 2015 - 30,000 won for the first floor on December 31, 2015 - 42,430,000 won for the 42,000 won for the 1,430,000 won for the 42,000 won for the first floor on December 31, 2015 H, I, D No. 4430,00 won for the 0,000,000 won for the 1,000,000 won for the 0,010,015 won for - 10,0105 won;

C. The Defendants paid security deposits to K under each of the instant lease agreements. D.

Before entering into each of the instant lease agreements, the Defendants registered the location of the instant real estate as the location of the location of the instant real estate while operating a commercial building by leasing each of the instant stores.

피고 B은 2008. 4. 18. ‘L’ 이라는 상호로 사업자등록을 하고 위 F호에서 기름집을, 피고 C은 2006. 1. 12. ‘M’이라는 상호로 사업자등록을 하고 위 G호에서 정육점을, 피고 D는 2006. 12. 5. ‘N’이라는 상호로 사업자등록을 하고 위 H호, I호에서 정육점을, 피고 E는 2008. 9. 8. ‘O’라는 상호로 사업자등록을 하고 위 J호에서 떡볶이집을 각 운영하고 있다.

E. On August 18, 2017, the provisional registration of the right to claim ownership transfer was completed in the name of P on the instant real estate. However, Q, R, S, and T (hereinafter “ Q, etc.”) transferred the said provisional registration right and transferred the said provisional registration on August 8, 2019.

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