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(영문) 서울북부지방법원 2016.09.23 2015가단136644

건물명도

Text

1. Defendant B received KRW 27 million from the Plaintiff, at the same time, the first floor of the real estate indicated in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 29, 2010, Defendant B entered into a lease agreement with regard to the lease deposit amounting to KRW 27 million, monthly rent amounting to KRW 140,00,00,000,000,000,000 from October 29, 2010 to October 29, 2012, with regard to the real estate on the attached list (i), (ii), (iii), (i) (i) (ii), (ii), (iii), (iii), (iii), (iv), (i) (i) (i) (i) (a part of 43 square meters in the ship connected each other in sequence of the said items (hereinafter “instant one real estate”).

Defendant B paid the lease deposit to D, and occupied and used the instant real estate.

B. On May 6, 2011, Defendant C entered into a lease agreement with regard to the lease deposit of KRW 15 million, monthly rent of KRW 700,000,000,000,000,000 for the lease deposit, from May 6, 2011 to May 6, 2013, with regard to the lease deposit of KRW 30,000,000,000,000 for the part on the (B) part of the ship connected each point, among the real estate listed in the attached list, and KRW 16,00,000,000,000 for the lease deposit of KRW 7,00,00 for the rent of KRW 70,00,00 for the rent of KRW 70,00,00 for the rent of KRW 6, 201 to May 6, 2013.

Defendant C paid the lease deposit to D, and occupied and used the instant 2 real estate at that time.

C. D and the Defendants have implicitly renewed the lease every year after the termination of each lease term.

D on August 31, 2015, the real estate listed in the separate sheet was sold to the Plaintiff, and the Plaintiff completed the registration of ownership transfer on September 10, 2015.

On September 10, 2015, the Plaintiff notified Defendant B of “as a new building is scheduled to be built on the real estate listed in the attached Table, it shall be handed over the real estate upon the expiration of the remaining lease period.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 2-2, 3-1, 5-2, and the purport of the whole pleadings

2. Assertion and determination

A. The above-mentioned facts are examined as to the cause of the claim.