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(영문) 대구지방법원상주지원 2019.07.24 2018가단6807
건물명도(인도)
Text

1. The Defendant shall maintain the equipment among the buildings listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. D was the owner of a rearrangement factory building indicated in the attached Table No. 2,206 square meters of land E and the above ground (hereinafter “instant rearrangement factory”).

D around June 29, 2016, the instant maintenance plant was leased to the Defendant with a deposit of KRW 40 million, monthly rent of KRW 2 million, and the lease period from June 29, 2016 to June 28, 2018.

B. The instant maintenance plant was actually divided into the body parts, color parts, printing parts, and inspection parts, and operated by each other.

On October 1, 2016 after the Defendant entered into a lease agreement with D, the Defendant subleted the color and printing division of the instant maintenance factory to the Plaintiff A and F for the period of June 30, 2018, by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 20 million, and the lease period of the instant maintenance factory as of June 30, 2018.

After that, the Defendant, among the instant maintenance plant, operated the inspection division in the steel pipe knife knife knife knife knife knife knife knife knife kn

C. Around March 24, 2017, D notified the Defendant that the lease contract will be terminated on the ground that the Defendant sub-leaseed without the lessor’s consent.

The Plaintiffs purchased the instant maintenance plant and its site from D around March 28, 2017, respectively, 1/2 shares.

E. On July 7, 2017, Plaintiff A returned to the Defendant a deposit of KRW 20 million (the amount calculated by deducting KRW 20 million paid by the Plaintiff A as a sublease deposit to the Defendant from KRW 40 million paid by the Defendant D).

F. On June 1, 2018, the Defendant decided to hand over the instant maintenance plant to the Plaintiff on the condition that the Plaintiff pay the premium of KRW 120,000,000,000,000. However, without paying the premium, the Defendant sent to the Plaintiff a certificate of content asserting that the instant maintenance plant has a business right to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 9, the purport of the whole pleadings

2. The allegations by the parties and their implications.

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