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(영문) 서울중앙지방법원 2016.11.25 2015가단5291073
건물명도
Text

1. The Defendant’s KRW 13,122,580 as well as 5% per annum from September 2, 2015 to November 25, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed registration of initial ownership on June 25, 2010 with respect to D buildings constructed on land outside Jongno-gu Seoul Metropolitan Government, Jongno-gu 11.

D precious metal shop (hereinafter “the instant precious metal shop”) was built on the 406m2 of the said building’s 406m2, and 26 stores were installed within the said commercial building as shown in the attached drawing.

B. On June 3, 2011, the Plaintiff entered into a lease agreement with the Defendant, who is his father, to lease KRW 50,000,000, monthly rent of KRW 2530,000 of the instant precious metal shop (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) between the Plaintiff and the Defendant, who was his father, on behalf of E, and the Defendant has run precious metal business at the 111 store. (c) The Plaintiff allowed the free use of the said store (hereinafter “2 store”) adjacent to the store at the time until the Plaintiff leased the said store to another person.

The defendant has used 2 commercial buildings in the manner of displaying goods such as visibility, balth, etc. in the display stand of the part 11 adjacent to the display stand of the commercial building in the shape of "1" and in the display stand of the commercial building in the area seeing the entrance of the commercial building in the front.

E. However, the Plaintiff and F entered into a lease agreement with F to rent KRW 50,000,000, monthly rent of KRW 2,500,000 on July 25, 201.

F. Under these circumstances, the Plaintiff requested the Defendant to set up two houses, but the Defendant delayed his surrender.

Between the Plaintiff and F, the Plaintiff and F have re-established a lease agreement to change the leased object from the store No. 2 to No. 16.

G. The Defendant promised to return a store that was used by the Plaintiff without compensation.

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