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(영문) 인천지방법원부천지원 2016.12.07 2016가합100682 (1)
손해배상(기)
Text

1. The Defendants: 10,000,000 won to each Plaintiff and 5% per annum from April 15, 2016 to December 7, 2016.

Reasons

1. Basic facts

A. The Defendants’ real estate auction and order of delivery of the first real estate (hereinafter “instant building”) are: (a) the building owned by the D on November 17, 2015, E in Seocheon-si, Seocheon-si, 347.8 square meters and its 6-story above ground (hereinafter “instant building”).

(2) On November 19, 2015, the Defendants filed an order against D to deliver the instant building to D with the Busan District Court Branch F, which was ordered by the said court to deliver the instant building.

(b) Preparation of a performance note;

1. G is intended to move to Defendant B the body of the object owned to the rooftop and return the keys to the entire inside (except the third and fourth floor) of the building by January 10, 2016.

The temporary storage of the rooftop shall be kept until January 20, 2016, and if the date expires, the defendant B shall order the ownership of all the goods to the defendant, and even if the defendant B disposes of it, G shall not raise a civil or criminal objection.

2. G shall succeed to the right of operation of the third and fourth singing rooms to Defendant B, and the business shall be G by February 28, 2016 and the profit shall also consist of the total profit of G.

3. G is operated until February 28, 2016, with the third and fourth story singing rooms, and during the period, by using a singing time room facility for the tenant of a third party (on an old-party tenant), G’s profit, and Defendant B recognizes the establishment and operating premium.

Provided, That the G shall be owned by the defendant B and give up all the facilities when it is impossible for the new lessee (person who takes over the old bank) to do so within the period.

4. When G appoints a new lessee and requests the Defendant B to provide a lease contract, Defendant B shall enter into a lease contract with the lessee selected by G, setting a deposit of KRW 106,00,000, and a lease period of two years;

5. Defendant B does not claim rent from G by February 28, 2016.

Provided, That G shall pay 5,00,000 won to Defendant B temporarily until February 28, 2016, and Defendant B shall return to G the remaining amount calculated by calculating the amount of electricity tax used from December 23, 2015 to February 28, 2016.

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