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(영문) 의정부지방법원 2019.11.28 2018가단122687
건물명도(인도)
Text

1. The defendant against the plaintiffs

(a) deliver the real estate listed in the separate sheet;

(b) pay the following amounts:

1...

Reasons

Basic Facts

A. The Defendant is a person who leases real estate listed in the separate sheet (hereinafter “instant restaurant”) and operates a mutually named restaurant “D”.

B. The Defendant has used the vinyl (sags) installed in the 1,610 square meters (hereinafter “instant orchard land”) in the Guri-si, Guri-si, E orchard 1,610 square meters (hereinafter “instant orchard”) located adjacent to the instant restaurant, and the instant vinyl, etc. (hereinafter “instant vinyl, etc.”).

C. On March 18, 2011, the Plaintiffs: (a) purchased each of the said real estate at a voluntary auction procedure for the instant restaurant and the instant orchard; and (b) completed the registration of ownership transfer on the same day.

(65/100 of Plaintiff A’s equity, Plaintiff B’s equity 35/100).

From July 2011, the Plaintiffs entered into a lease agreement with the Defendant with the terms of KRW 100 million, monthly rent of KRW 4.4 million, and the term of lease from March 25, 201 to March 24, 2013 regarding the instant restaurant.

E. Meanwhile, while the lease contract on the above restaurant was renewed, the lease contract was renewed on September 25, 2017.

(B) The above lease agreement on the instant restaurant between the Plaintiffs and the Defendant (hereinafter “instant lease agreement”). The main contents of each of the above lease agreements are as follows.

Objects subject to a security deposit, such as a rent for a lease contract dated March 18, 2011, (i) KRW 100 million, (ii) KRW 4.4 million in monthly rent, KRW 34 million in monthly rent, and KRW 4.95 million in monthly rent, from March 25, 2011 to March 24, 2013 during the period from March 25, 2011 to March 25, 2017 from September 25, 2017 to September 25, 2019.

(a) 30 square meters in Guri-si;

(b) Two-story 152.43 square meters (general restaurants) for two-story 152.43 square meters (general restaurants) on the ground, general steel structure, reinforced concrete roof, two-story 2;

(a) 30 square meters in Guri-si;

B. Article 2(5) of the instant lease object and the illegal building and facilities used by the lessee, which are the leased object of this case and the illegal use of the leased object of this case used by the lessee, under the circumstances where the leased object of this case is located and the lessee is located.

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