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(영문) 부산지방법원 2016.08.30 2016가단11529
건물퇴거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 2015, the Defendant, her husband C and D (hereinafter “Defendant, etc.”) established a real estate brokerage office by investing funds in 1/3 by the Defendant, etc. around the end of October 2015, and then, as a real estate agent, C and D decided to allocate 1/3 of the profits remaining after paying the expenses incurred in the operation of the said brokerage office first from the profits accruing from running the real estate brokerage business as a broker assistant.

(hereinafter referred to as “instant trade agreement”). (b)

1) On November 13, 2015, the Defendant, etc. leased the instant real estate from E as security deposit of KRW 10 million, KRW 1 million per month of rent (excluding management expenses and value added tax), and KRW 36 months from the date of conclusion of the term lease contract (hereinafter “instant lease contract”).

(2) At the time, the Defendant and the Plaintiff’s husband C invested KRW 20 million in total as a fund to establish a real estate brokerage office in accordance with the instant trade agreement. Of them, KRW 10 million was disbursed as a security deposit set forth in the instant lease agreement, and the remainder KRW 10 million was disbursed as a premium set forth in the instant lease agreement.

C. On November 30, 2015, the Defendant, etc. established the real estate brokerage office and established the real estate brokerage office in the name of “F real estate” with the location of the Defendant’s office located in the instant real estate as of November 30, 2015, and the Defendant, as the real estate agent, concurrently carried on the real estate brokerage business as the Plaintiff’s husband C and D assistant. (2) Meanwhile, on December 29, 2015, the Defendant concluded that the employment relationship between the Defendant and C was terminated as of December 29, 2015.

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