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(영문) 의정부지방법원 2015.12.11 2013가단3880
건물퇴거 등
Text

1. The defendant shall leave the building indicated in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On May 4, 2005, the Plaintiff leased from C the building listed in the separate sheet (hereinafter “the instant telecom”) from C in KRW 50,000,000, monthly rent of KRW 7,000,000.

(hereinafter “Lease of this case”). The Plaintiff paid 5,00,000 won, total of 25,000,000,000 won invested by friendly E from friendly job offering E, and operated the instant telecom as a partnership business by setting internal rate of E and profit distribution 50:50.

The defendant, who had relations with the plaintiff, has been operating the plaintiff's her her her mother since that time.

B. The Plaintiff, instead of paying monthly rent to C at a fixed date each month, from time to time, remitted earnings to C, and the Plaintiff and C agreed to accumulate the excess of monthly rent as additional lease deposit.

C. Around May 2007, the Plaintiff returned KRW 25,000,000 to E and commenced to operate the instant Moel alone.

The Plaintiff, around September 2012, transferred its claim to the Defendant, and the Defendant occupied and operated the instant franchise without delivering it to the Plaintiff or C from around that time.

E. Meanwhile, on November 3, 2012, the Defendant filed a lawsuit against the Plaintiff on the premise that the Plaintiff and the Defendant entered into a partnership agreement on the joint operation of the instant her her her her her her her her her her her her her her her her her her her her 's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

F. On November 19, 2012, the Plaintiff sent a certificate of content to C, which reaches C on November 20, 2012, and the content of which “Plaintiff” reached C and the instant case.

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