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(영문) 대구지방법원김천지원 2015.01.28 2014가단8406

건물명도

Text

1. The defendant shall receive KRW 200,000,000 from the plaintiff, and at the same time, the plaintiff shall be the first floor of the building listed in the attached Table.

Reasons

1. Basic facts

A. On November 2, 2010, the Defendant, among the first floor of the buildings listed in the separate sheet (hereinafter “instant building”) from D, set the lease deposit amount of KRW 200 million, monthly rent of KRW 280,00,00,000,000,000 from November 30 to November 30, 2013 and leased (hereinafter “instant store”) the area of KRW 83,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(hereinafter “instant lease agreement”). B.

The Plaintiffs purchased the instant building from D around March 20, 2014 and completed the registration of ownership transfer concerning the instant building on May 8, 2014.

C. On May 26, 2014, Plaintiff B notified the Defendant of the termination of the lease of the instant store.

(hereinafter “Notification of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The parties' assertion

A. Since the lease contract of this case was terminated by the notification of this case, the defendant should receive KRW 200 million from the plaintiffs, and deliver the store of this case to the plaintiffs at the same time.

In purchasing the instant building, the Plaintiffs were not aware of the Defendant’s premium from D, and the Defendant did not pay the premium to D. Thus, the Plaintiffs did not have a duty to pay the premium to the Defendant.

B. Since the Defendant’s assertion that the instant lease agreement was made by implied renewal pursuant to Article 639(1) of the Civil Act, the Plaintiffs who succeeded to the lessor’s status are obligated to guarantee the Defendant the period of lease for three years.

The plaintiffs' notice of May 26, 2014 is only a request for surrender based on the premise that the lease contract has been terminated due to the expiration of the period of termination, not a notice of termination premised on implied renewal.

If the term of the instant lease expires due to the expiration of the term, the Plaintiffs are obligated to return the lease deposit amount to the Defendant, and the Plaintiffs.