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(영문) 수원지방법원성남지원 2014.05.29 2013가단46343
건물인도
Text

1. Defendant (Appointed) and Appointed B shall indicate to the Plaintiff the annexed drawings out of the first floor of the underground floor of the building indicated in the annexed list.

Reasons

1. Facts of recognition;

A. The Plaintiff leased and occupied the building indicated in the attached list from Sungnam City, and operated the agricultural agricultural products distribution center, which is the Plaintiff’s branch office.

B. On July 31, 2012, the Plaintiff entered into a purchase contract (hereinafter “instant contract”) with the designated person B (hereinafter “designated person”) under the name of an integrated distribution center of agricultural agricultural products in the name of the agricultural community, with a content that approximately 330 square meters of the portion inside the ship connecting each point of the 1st underground floor of the instant building, which the Plaintiff reported the general restaurant business, in the order of indication of the drawings indicated in the attached Table among the 1st underground floors of the instant building, and that the designated person entrusted the management of the restaurant “C” restaurant and pay 14 percent of the sales amount of the goods to the Plaintiff as sales commission (hereinafter “instant contract”).

In addition, according to the contents of the instant contract, the contract term is from August 1, 2012 to June 30, 2013, and the contract is terminated if the other party does not express his/her intention to renew the contract in writing 30 days prior to the expiration date of the contract term, such as the modification or extension of the contract term.

C. The Defendant (appointed party; hereinafter “Defendant”) is the father of the selected person and operates the “C” restaurant on the instant real estate along with the selected person.

From April 23, 2013, the Plaintiff demanded the designated parties to terminate the instant contract on the ground of the breach of the contract, but the designated parties continued to refuse the contract. On May 27, 2013, the Plaintiff notified the designated parties of the absence of intent to extend the instant contract by content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 2-1 to 4, Gap evidence 10 to 17, 19, 20, and 21 respectively, and the purport of the whole pleadings

2. According to the above facts of determination, the instant contract was terminated as of June 30, 2013, which was the expiration date of the contract term, and the Defendant and the designated person are obligated to order the Plaintiff to order the instant real estate.

As to this, the defendant shall raise an objection.

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