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(영문) 서울중앙지방법원 2017.06.01 2017나12645

건물명도

Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded in the trial, shall be modified as follows:

Defendant A.

Reasons

1. Facts of recognition;

A. As the owner of each building listed in the separate sheet, the Plaintiff entered into a lease agreement with Defendant A for a period of 78 million won, monthly rent of 1750,000 won, monthly management fee of 750,000 won, and attached Table 2 (hereinafter “instant building”). The Plaintiff entered into a lease agreement with Defendant A for a period of 1,000 won from November 1, 2007 to 67,20,000 won, monthly rent of 1,550,000 won, monthly management fee of 650,000 won, and extended each year (hereinafter “instant lease”). In short, each of the instant buildings is referred to as “each of the instant buildings” (hereinafter “instant lease”).

The Defendants had operated reading rooms in each of the instant buildings, and have occupied and used the part of the buildings listed in the attached Table 3 (hereinafter “instant three buildings”) for convenience.

C. Each of the instant lease agreements was terminated on October 31, 2015, and there was no amount equivalent to unpaid rent or rent as of the date of closing argument in the trial.

On February 13, 2017, the Plaintiff deposited the deposit of KRW 78 million with Defendant A as the principal deposit (Seoul Central District Court No. 3279, 2017). On February 14, 2017, the Plaintiff deposited the deposit of KRW 67.2 million with Defendant B as the principal deposit (Seoul Southern Southern District Court No. 787, 2017).

[Ground of recognition] Facts without dispute, Gap's 1 through 3, 9, 16 evidence, Gap's evidence 8-1 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, since each of the instant lease agreements terminated on October 31, 2015, the Defendants are obligated to order the Plaintiff to surrender each of the leased objects, barring any special circumstance. The Defendants, upon the Plaintiff’s request, possessed together with the leased objects.