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(영문) 제주지방법원 2015.05.21 2014가합1092
건물명도
Text

1. Of the instant lawsuit, the part concerning the Defendants’ request for the cancellation of each business registration shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. On March 14, 2013, A leased a building listed in the separate sheet (hereinafter “instant building”) that was newly constructed with the Defendants (hereinafter “instant building”) during the lease period of KRW 700,000,000, monthly rent of KRW 33,000,000 (including value-added tax), from April 20, 2013 to April 20, 2015.

(hereinafter “instant lease agreement” and “A” No. 1 and No. 2: Provided, That A agreed between the Defendants and the lessee to provide the name of the lessee as Defendant B, and to deliver the instant building to the Defendants by April 20, 2013 in a condition that the Defendants can use and benefit from the building according to the purpose of lease.

(see Article 2 of the instant lease agreement). (b)

The approval for use of the instant building was made on June 18, 2013, and the Defendants registered accommodation and food business with the head of Jeju Tax Office on June 25, 2013.

Defendant B: (a) mutually named “D” on July 4, 2013 to Jeju Mayor; (b) reported the same business as indicated in the attached Table No. 1; and (c) reported the business as described in the attached Table No. 2 in the name of “E” on July 11, 2013.

The Defendants started accommodation and restaurant business from July 20, 2013 to July 20, 2013.

C. A received from the Defendants the remainder of rent of KRW 198,00,000 for six months from July 20, 2013 to January 20, 2014 (i.e., KRW 33,00,000 x 6) excluding part of the unpaid rent for October 2013.

On August 14, 2013, A and Defendant B entered into an agreement with Defendant B to pay KRW 300,000,000 and deposit money for lease with the facility investment and director’s expenses when selling the instant building, and Defendant B entered into an agreement to immediately transfer all the goodwill of the instant building to A.

(see evidence 3). (e)

On November 4, 2013, Defendant B sent to A a proof of the content of the instant building’s facility cost, electricity used before moving into the building, water rate, etc.

(b).

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