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(영문) 인천지방법원부천지원 2016.07.15 2014가단44514
건물명도 등
Text

1. The defendant. A. The defendant is the plaintiff.

Attached Form

delivery of such real property;

(b) As to the real estate stated in the annex.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of Gap evidence No. 1, Eul evidence No. 7, and the purport of all pleadings.

On June 9, 2010, the Defendant concluded a lease contract with 11 stores, including real estate listed in the separate sheet (hereinafter “instant store”) from B (hereinafter “instant store”) to June 30, 2015, the Defendant agreed that “as the amount of the guarantee amount would mean the establishment of a right to lease on a deposit basis, the amount of which is set at KRW 170,00,000, monthly rent of KRW 8,000,000, and the contract term from June 30, 2010 to June 30, 2015.”

B. B completed the registration of the establishment of chonsegwon (hereinafter “registration of the establishment of chonsegwon”) with respect to the instant real estate by the Incheon District Court’s Branch on July 1, 2010, as the receipt of KRW 170,000,000 for security deposit money as well as KRW 170,000,000 for security deposit money as well as KRW 7.98 square meters for business within the scope, and its duration from June 28, 2010 to June 28, 2015.

C. On July 10, 2013, the Plaintiff purchased the instant store from B and completed the registration of ownership transfer.

2. According to the above facts of determination as to the cause of the claim, since both the right to lease and the right to lease on a deposit basis with respect to the store of this case expired on June 28, 2015, the defendant is obligated to deliver the store of this case to the plaintiff and to implement the procedure for registration cancellation of the right to lease on a deposit basis of this case.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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