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(영문) 대전지방법원 천안지원 2018.02.02 2015가합103220
건물명도
Text

1. Defendant D shall deliver to the Plaintiff (Counterclaim Defendant) the second floor of 300.24 square meters among the buildings indicated in “an indication of real estate” attached Form.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 8, 2011, the Plaintiff purchased a building indicated in “the indication of the attached real estate” (hereinafter “instant building”) from E, and completed the registration of ownership transfer on January 9, 2012.

B. Since January 2014, the Plaintiff returned the deposit amount of KRW 230 million to the lessee of the instant building and received delivery of the said building.

As above, Defendant B and C operated a restaurant on the first floor of the instant building with the trade name “F” from the date following the Plaintiff’s delivery of the instant building, and delivered the said building to the Plaintiff on September 5, 2015.

C. Meanwhile, Defendant D, while operating a religious facility with the trade name “G church” on the second floor of the instant building, is occupying the second floor of the instant building from March 30, 2015 to March 30, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 16, and 17 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the claim as to Defendant B and C is as follows: (a) the Plaintiff agreed with Defendant B and C to operate a restaurant business in the instant building; (b) the Plaintiff purchased the instant building, etc. and refund the lease deposit to the existing lessee of the said building; (c) the amount equivalent to the interest on the money borrowed from the Suwon Bank and the Jeonbuk Bank was paid monthly rent to the Plaintiff. However, the said Defendants, while operating a restaurant in the instant building from February 2014 to September 2015, did not pay to the Plaintiff rent equivalent to KRW 95,703,769 (or KRW 67,74,744,466, and KRW 27,929,329,323) of the interest on the said loan from February 2014 to September 2015. Accordingly, the said Defendants jointly and severally liable to pay the Plaintiff KRW 95,703,769,969 to Defendant D as seen in the instant building.

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