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(영문) 인천지방법원 부천지원 2018.01.16 2017가단9147
건물명도
Text

1. The defendant is against the plaintiffs:

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

B. From July 1, 2017, as above.

Reasons

1. Determination on the cause of the claim

A. (1) On August 20, 2016, the Plaintiffs leased real estate listed in the separate sheet (hereinafter “instant commercial building”) to D, and Plaintiff A and D entered into a business contract with the content that: (a) Plaintiff A and D operate the instant commercial building; (b) Plaintiff A bears all the investment funds for goods, etc.; (c) Plaintiff A bears 5% of the net income remaining after deducting purchase amount, employee pay, management fee, rent, rent, tax and public charges, global income tax, etc. of goods, etc. from sales; and (d) divide Plaintiff A and 45% of the net income to D.

(2) On January 5, 2017, the Defendant, while succeeding to the foregoing business from D, entered into a lease agreement with the Plaintiffs (hereinafter “instant lease agreement”) stipulating that the instant commercial building is KRW 3.52 million per month and the lease period from January 5, 2017 to December 15, 2019 (hereinafter “instant lease agreement”).

(3) In addition, the defendant succeeded to the above business contract between D and the plaintiff on the same day. The defendant set up the defendant's basic allowance at KRW 2.5 million on the condition that the defendant concurrently serves as the head of office while operating a danran bar, and entered into a contract for business modification with the plaintiff that distributes 55% of the remaining net income, which deducts the purchase amount of goods, etc., the employees' wages, the management expenses, the 2.2 million won monthly management expenses, the 2.2 million won monthly management expenses, the defendant's basic allowances, the 2.5 million won of the defendant's basic allowances, the 3.5 million won of the rent, taxes and public charges, the defendant's global income tax, etc., to the plaintiff A (hereinafter "the business contract of this case").

(4) Since the Defendant paid to the Plaintiffs the rent from January 2017 to March 2017 under the instant lease agreement, it did not pay the rent until now.

(5) On June 29, 2017, the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent.

(6) The Defendant is operating a dan in the instant commercial building up to now.

[Ground of Recognition] Unsatisfy, Gap 1 through 9, 11.

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