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(영문) 서울서부지방법원 2017.09.15 2017가단5221

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Of the buildings indicated in the attached Table list, the local floor of 52.18 square meters and the 48.55 square meters per floor shall be handed over, and the building shall be on January 5, 2017.

Reasons

1. Basic facts

A. On January 5, 2004, the Defendant, among the buildings listed in the attached Table list, has implicitly renewed the deposit amount of KRW 2.4 million on monthly rent of KRW 10 million (the first 1.5 million increase in KRW 1.5 million) with respect to KRW 49.60 square meters on the second floor among the buildings listed in the attached Table list on January 5, 2004 from C, one million monthly rent of KRW 10 million (the first 700,000 won increase in KRW 700,000) and one year for each period.

B. C, on November 21, 2016, notified the Defendant of the refusal to renew the lease agreement, and demanded the termination and delivery of the lease agreement due to the expiration of the period.

C. On December 30, 2016, the Plaintiff completed the registration of ownership transfer from C due to sale of each of the above real estate.

【Fact that does not have any dispute】

2. According to the above facts of recognition, the Defendant is obligated to deliver to the Plaintiff the 52.18 square meters of the land floor and 48.55 square meters of the 1st floor among the buildings listed in the attached Table on the grounds of the expiration of the period of validity, and pay the Plaintiff money at the rate of 2.4 million won per month from January 5, 2017 to the completion date of delivery, and deliver the 49.60 square meters of the 2nd floor among the buildings listed in the attached Table on the attached Table from January 25, 2017 to the completion date of delivery, respectively.

3. The defendant asserts that C shall comply with the above promise as the plaintiff's successor, since C has permitted C to use each of the above buildings permanently for music activities. However, there is no evidence to acknowledge it. The defendant's assertion is a contractual issue between the defendant and C, and there is no obligation to succeed to it as the plaintiff who newly acquired ownership, and the fact that C has already notified C of the refusal to renew the contract and the delivery thereof before the plaintiff acquired ownership is as seen earlier. Therefore, the defendant'

4. We decide to accept the Plaintiff’s claim of this case.