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(영문) 대구지방법원 2020.07.17 2019가단102847 (1)
건물명도(인도)
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1. The defendant, from the plaintiffs,

(a) At KRW 100,000,000, among the real estates listed in Appendix 1 List from January 17, 2020 to Annex 1.

Reasons

1. Facts of recognition;

A. On April 30, 2008, the Defendant entered into a lease agreement with Nonparty H on the part as indicated in the Attached Table 2 List No. 2 (hereinafter “instant restaurant”) among the real estate listed in the Attached Table No. 1, which is owned by Nonparty 1, with the content that deposit money is KRW 100 million, monthly rent of KRW 300,000,000, and lease period from April 30, 2008 to April 29, 2010 (24 months).

B. From May 2, 2008, the Defendant opened and operated the restaurant in the name of “I” in the instant restaurant from May 2, 2008 to now, and its representative has continued to be the name of the Defendant.

C. On May 30, 2010, the Defendant entered into a lease agreement with H on the condition that the instant restaurant will be leased by setting a deposit of KRW 100 million, monthly rent of KRW 3.4 million, and the lease period from May 30, 2010 to May 29, 2012.

On May 30, 2012, J, the Defendant’s wife, entered into a lease agreement with H on deposit KRW 100,000,000 for the restaurant of this case, monthly rent of KRW 3.4 million (excluding value-added tax), and lease period from May 30, 2012 to May 29, 2014.

E. Meanwhile, on February 21, 2011, the Defendant entered into a lease agreement with H on the part indicated in the attached Table 3 List (hereinafter “instant office”) of the real estate listed in the attached Table 1 List No. 1, which is owned by H, with a deposit of KRW 10 million, monthly rent of KRW 600,000,000, monthly rent of KRW 600,000, and the rent period from March 15, 201 to March 15, 2013, and used the instant office for the purpose of personal office until now.

F. On October 24, 2013, the Plaintiffs purchased real estate listed in the attached Table 1 No. 1 (hereinafter “instant real estate”) from H for KRW 2.64 billion. On December 18, 2013, the Plaintiffs purchased the pertinent real estate at KRW 1/600,000,000, respectively.

G. On April 29, 2014, the Plaintiffs are KRW 100,000,000 and monthly rent as to the instant restaurant between the Defendant and the Defendant.

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