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(영문) 부산지방법원 2016.08.23 2015가단85042

건물인도등

Text

1. Defendant B:

(a) ordering the real estate listed in paragraph 1 of the Attachment List;

B. 3,400,000 won and January 1, 2016

Reasons

1. Determination as to the claim against the defendant B

A. Basic facts 1) Real estate listed in Paragraph 1 of the original attached Table 1 (hereinafter “instant Real Estate 1”).

(E) Defendant B leased the instant real estate No. 1 from E on October 8, 2002 to KRW 10 million, KRW 200,000 per month, and the period from October 15, 2002 to KRW 24 months (hereinafter “instant lease agreement”).

(2) Since then, the instant lease agreement was explicitly renewed, Defendant B was returned from E on July 14, 2014, but the instant real estate was occupied and used until now.

3) On October 16, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate No. 1 on the grounds of sale. 4) Meanwhile, Defendant B, who purchased the instant real estate No. 1 from E or E, did not pay to the Plaintiff, who purchased the instant real estate from E or E, totaling KRW 3.4 million (=one million per month x 17 months) from July 15, 2014 to December 14, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings

B. According to the facts of the determination as to the cause of claim, it is reasonable to view that the instant lease contract was terminated upon the expiration of the period from July 14, 2014 after Defendant B received the deposit from Defendant B to October 14, 2014. As such, Defendant B, as the owner of the instant first real estate, ordered the Plaintiff who succeeded to the instant lease contract, to order the instant real estate owner, and as seen earlier, is obliged to pay the amount of KRW 3.4 million in total, including rent not paid after July 15, 2014, and as sought by the Plaintiff, the amount equivalent to the rent of KRW 200,000 per month from January 1, 2016 to the completion date of delivery of the instant first real estate.

C. The summary of the first argument regarding Defendant B’s assertion is as follows: Defendant B, after the instant lease agreement, occupied and used the instant real estate No. 1; and Defendant B, with the approval of E.