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(영문) 대구지방법원 2017.07.11 2015가단40804

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) one story of 81.98 square meters among the real estate listed in the attached list.

2...

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On October 12, 2009, the Defendant entered into a lease agreement with Nonparty C, setting the lease period of the instant real estate on a two-year basis. On October 14, 2013, the Defendant entered into a lease agreement with Nonparty D, who purchased the instant real estate, to succeed to the said lease agreement with respect to the instant real estate. However, from October 12, 2013 to October 11, 2015, the lease agreement was concluded between the lease period of KRW 10 million and the monthly rent of KRW 750,00.

B. On March 15, 2015, the Plaintiff purchased the instant real estate from Nonparty D and completed the registration of ownership transfer on April 6, 2015. On April 16, 2015, the Plaintiff entered into a contract with the Defendant to succeed to the said lease agreement with respect to the instant real estate.

C. On July 7, 2015, the Plaintiff notified the Defendant that the lease contract will not be renewed when the lease term expires. D.

The lease contract on the instant real estate between the Plaintiff and the Defendant was terminated on October 1, 2015 due to the expiration of the lease term.

E. The appraised value of the instant real estate as of October 11, 2015 is KRW 65,812,000 (i.e., the appraised value of tangible property at KRW 20,112,000 (the appraised value of intangible property at KRW 45,70,00).

F. Monthly rent appraisal value of the instant real estate is KRW 1,050,000 per month from October 11, 2015 to October 10, 2016, and KRW 1,091,00 per month from October 11, 2016 to May 10, 2017.

G. The Defendant paid all monthly rents to the Plaintiff until October 1, 2015, and paid all the monthly rents to the Plaintiff. The Defendant paid KRW 750,000 on November 12, 2015, KRW 750,000 on December 29, 2015, KRW 479,340 on January 11, 2015, KRW 750,000 on March 29, 2016, KRW 750,000 on April 26, 2016, KRW 150,000 on May 24, 2016, KRW 750,000 on May 25, 2016, KRW 250,000 on December 25, 2016, respectively.

[Grounds for recognition] Unsatisfy, A No. 1.