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서울남부지방법원 2018.11.15 2018가단8464

건물명도

Text

1. Defendant C, among the first floor of the building indicated in the attached list, marks 7, 8, 9, 7, and 7 are indicated respectively.

Reasons

1. In light of the purport of the entire pleadings as to evidence evidence Nos. 1 (including a provisional number; hereinafter the same shall apply) of common basic facts, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) from D and E (hereinafter “D, etc.”) on May 9, 2017 and completed the registration of ownership transfer on July 10, 2017. The Defendants concluded a lease contract on part of each of the above buildings before the Plaintiff purchased the said building, and Defendant B leased a restaurant (hereinafter the above leased object to “instant restaurant”) with the size of 48.74 square meters connected to each point of the above building on the first floor, and there is no difference between the Plaintiff and the lessee who concluded the lease contract on the part of each of the above buildings on July 10, 2017.

2. Claim against Defendant B (hereinafter “Defendant”)

A. In light of the overall purport of the pleadings Nos. 2 and 8, the Defendant: (a) leased the instant restaurant from the lessor D, etc. on April 12, 2013 to the lease deposit of KRW 10 million; (b) the lease term of KRW 80,000 per month; and (c) the lease term of KRW 913,00 per month after the renewal of the said lease contract; (b) the Plaintiff was changed to the lease of KRW 913,00 (including value-added tax) and the Plaintiff was late at the time of purchase of the instant building from D, etc.; (c) the Plaintiff paid the Defendant the remainder of the purchase price to D, etc. at the time of settlement of the purchase price for the instant building; and (d) the Plaintiff paid the remainder of the purchase price to D, etc. by mail; and (e) the Plaintiff paid the remainder of the purchase price at the time of settlement of the purchase price for the instant building by mail.