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(영문) 부산지방법원 2018.11.01 2018가단315300
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff:

A. Attached Table 1 at the same time with payment of KRW 25,00,000 from the Plaintiff.

Reasons

1. Occurrence, etc. of liability to deliver a building;

A. Facts of recognition 1) The Plaintiff is in the E store located in Busan Dong-gu D (hereinafter “E store”).

2) On February 16, 2012, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) leased from the Plaintiff the part (A) and 224.8m2 (hereinafter “instant store”).

3) The Defendants: (a) leased the instant store from the Plaintiff on March 1, 2013 for one year; (b) thereafter, the instant lease agreement was renewed as follows: (c) the monthly rent deposit from March 1, 2013 to February 28, 2014; (d) KRW 10% of the monthly net sales from March 1, 2014 to February 1, 2015; and (e) the Defendants’ net sales from October 25, 200,000 to June 28, 2015; and (e) the Defendants’ net sales from October 25, 2015 to October 28, 2018; and (e) KRW 11% of the monthly average sales from March 1, 2015 to February 29, 2016 to May 1, 200 to 3, 2018; and (e) the Defendants’ net sales from October 28, 2016 to February 2016.

5) The average monthly rent of KRW 1,983,797 for one year before the end of the instant lease contract is KRW 2,061,835 for the three-month period prior to the end of the contract. [The details of payment of fees from March 1, 2017 to February 1, 2018] sales monthly commission (including KRW 1,908,080, April 2, 2017; 119,910; 2,030, 670 on June 1, 75, 2017; 1,751, 207; 1,70, 208, 205, 208, 205, 205, 30, 15, 207, 206, 15, 207, 205, 16, 207, 15, 2017, 205, 2017

B. The instant lease agreement was terminated on February 28, 2018, and barring any special circumstance, the Defendants amounted to KRW 25,000,000 from the Plaintiff, barring any special circumstance.

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