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(영문) 대구지방법원서부지원 2014.07.10 2013가단15108

건물명도

Text

1. The plaintiffs, the defendant C delivers the real estate listed in the separate sheet, and the defendant D leaves the above real estate.

Reasons

1. Basic facts

A. On November 27, 2010, E leased the real estate listed in the separate sheet (hereinafter “instant store”) between Defendant C and Defendant C by setting the lease deposit of KRW 1,500,000, monthly rent of KRW 200,000, and the term of lease from February 28, 2011 to February 27, 2013 (hereinafter “instant lease”) (hereinafter “instant lease”), and Defendant C entered into a partnership agreement on the operation of the coffee shop with Defendant D around March 201, and had Defendant D occupy the instant store and have it take charge of the operation of the coffee shop.

(1) The defendant C made a confession that he sub-leaseed to the defendant D on the first date for pleading, but according to the statement in the evidence No. 2, it can be acknowledged that the above confession was contrary to the truth and due to mistake. Therefore, it is reasonable to deem that the above confession was legally revoked according to the intention of revocation made by the defendant C on the second date for pleading).

E/F completed the registration of transfer of ownership on August 6, 201 with respect to one half of the instant stores among the Plaintiffs on September 30, 2011.

C. On November 22, 2012, the Plaintiffs notified Defendant C of the fact that the instant lease agreement was not renewed, and served around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1, 2, and 3, and the purport of whole pleading

2. According to the above facts, the Plaintiffs purchased the instant store from E and F, and succeeded to the lessor’s status under the instant lease agreement, and the instant lease agreement was terminated on February 27, 2013, barring any special circumstance, Defendant C, the lessee of the instant lease agreement, is obligated to deliver the instant store to the Plaintiffs, and to leave the Defendant D, who directly occupies the instant store under the instant lease agreement, based on the relationship with the Plaintiffs without any justifiable title.