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(영문) 대구지방법원 2015.12.04 2013가단60866
건물인도
Text

1. Defendant C from 120,510,904 to 120,510,904 from the Plaintiffs, the second floor of the real estate indicated in the separate sheet from February 14, 2014 to 525.

Reasons

1. Facts of the dispute

A. On December 2, 2011, Defendant C entered into a lease agreement with E on December 2, 201 and the attached list (hereinafter “instant building”) with the content that the deposit amount is KRW 120,000,000 for the leased building, monthly rent is KRW 9,00,00 for the leased building (including value-added tax and management expenses, and KRW 14,00 for each month), and the term of the lease is determined from December 2, 201 to December 2, 2016 for the lease (hereinafter “first lease agreement”) and thereafter, Defendant C operates the said building with the trade bath and the healthcare as “F” from December 27, 201 to December 27, 2011.

Defendant C used the connecting portions of the fifth floor of the instant building, which are indicated in the annexed drawing Nos. 4, 5, 6, 14, and 4, as the management office and the lodging room.

B. On December 7, 2012, Defendant D entered into a lease agreement with the owner of the instant building to lease KRW 50,00,00 for deposit money, monthly rent of KRW 2,00,00 for rent of KRW 2,00 for rent of KRW 2,00 for rent of KRW 2,00 (including value-added tax and management expenses) and the lease term from December 7, 2012 to December 7, 2014 for rent of KRW 264.46 square meters in the ship connecting each point of the attached drawings 1, 2,5,6, and 1 among the first floor of the instant building (hereinafter “instant lease agreement”). On the same day, Defendant D transferred the said building and operated a restaurant with the name “G”.

C. On July 9, 2013, the Plaintiffs concluded a sales contract with E to purchase the buildings listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on August 14, 2013 as to each of the instant 1/2 shares among the instant buildings.

The Plaintiffs succeeded to the status of the lessor of each of the above lease agreements entered into with the Defendants.

On November 14, 2013, the Plaintiffs notified the Defendants that the lease contract will be terminated on the grounds of the delinquency of rent for at least four years.

[Reasons for Recognition] There is no dispute.

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