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(영문) 서울중앙지방법원 2016.09.08 2015가합550651
건물명도
Text

1. The defendant shall indicate to the plaintiffs the attached Form 2 Map 1, 2, 3, 4, among the real estate listed in attached Table 1 List 1.

Reasons

1. Basic facts

A. The defendant is a corporation whose purpose is to operate restaurant business and food franchise business by operating a specialized restaurant with the brand called “D”, and the plaintiffs are the joint representatives of “E” and “F”.

B. At the time of October 2006, the Plaintiffs entered into the instant agreement are all know-how, data, business and technical information, etc. necessary for the Defendant to operate D stores, such as their DNA brand and system domain new development, store operation, employee training, advertisement, etc., through H, which had been the Defendant’s management director at the time, as the Plaintiff’s spouse G and G as of October 2006.

The net profit distribution ratio was set at 5:5 in the first time of distribution to 6:4 (Defendants) the net profit from the sales generated therefrom, which was deducted from all expenses, by directly operating the Korean-style specialized restaurant using Eul, but it was changed to the plaintiffs' request after approximately one year.

An oral agreement was made to the effect that the agreement should be made (hereinafter referred to as “instant agreement”).

C. According to the agreement of this case, the Plaintiffs leased the following two years from October 30, 2006 to October 30, 2008: (a) the Plaintiff’s 853.59m square meters of the underground first-story store in the name of the Plaintiff A, among the real estate listed in [Attachment 1] List No. 1 on October 30, 2006, with a deposit of KRW 100 million, monthly rent of KRW 10 million, and the period from October 31, 2006 to October 30, 2008; and (b) on January 25, 2007, the 2nd-story 39.95m square meters of the real estate listed in [Attachment 1] List No. 2 on January 25, 2007, the lease agreement was concluded by setting the deposit of KRW 49.95m of the second-story store from the contract date to January 25, 2014.

Each of the above stores (hereinafter referred to as “each of the stores of this case”).

2) The Plaintiffs: (a) immediately after each of the above leases, each of the instant stores was built for restaurant business; and (b) the office fixtures and facilities were prepared; and (c) the first shop located in I.

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