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(영문) 서울중앙지방법원 2015.07.02 2013가단5063328
건물명도
Text

1. The defendant (Counterclaim plaintiff) is attached Form 2.3 to each plaintiff (Counterclaim defendant) and attached Form 2.4 to the underground floor of the building listed in attached Table 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of the building listed in the attached Table 1 list (hereinafter “instant building”). The Defendants are siblingss.

B. On December 12, 2002, the Plaintiff leased to Defendant C the part of the attached Form 2 (c) (hereinafter “instant part”) among the first floor underground of the instant building, to KRW 5,000,000, monthly rent of KRW 600,000, and Defendant C leased and operated the said part of the said subparagraph until October 31, 2004.

C. On October 25, 2004, the Plaintiff entered into a lease agreement with the Korea Workers' Compensation and Welfare Service on the instant part (C) of this case with the head of Korea Workers' Compensation and Welfare Service for two years from November 1, 2004, with the period of 95,000,000, and with the head of the store operator Defendant B for two years from November 1, 2004. On September 5, 2006, the lease agreement was extended for two years by changing the leased object into the attached Form 2 (A) part out of the first floor of the instant building, and the lease agreement was concluded for one year from October 31, 2009 with the same content as of August 4, 2008.

The Plaintiff and the Defendants agreed to enter into a new lease agreement with the Plaintiff and the Defendants, but did not enter into a contract. On September 15, 2010, the Plaintiff notified the Defendants of the termination of the said lease agreement, and thus, the Plaintiff notified the Defendants of the termination of the said lease agreement.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 5-1 and Eul 7 evidence, fact-finding results against the Korea Labor Welfare Corporation, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In full view of each of the statements in the evidence Nos. 15 and 16 and witness D’s testimony, the Defendants may recognize the facts that they possess and use the above part of the pleadings, and include the number of evidence Nos. 11 and 20, which seems contrary thereto.

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