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(영문) 광주고등법원 2016.09.30 2016나287

건물명도

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2.A. B. A.D. on the counterclaim brought at the trial.

Reasons

1. Basic facts

A. On July 1, 2002, the Plaintiff entered into a contract on the lease of the instant real estate from F (the spouse and interest of Defendant B, Defendant C, and the father of Defendant D) (the father of the instant real estate) with a deposit of KRW 40 million, KRW 150,000 per month, KRW 1550,000 per month, and the period from July 1, 2002 to July 1, 2004 (24 months). At that time, the Plaintiff paid the said deposit to F.

B. Upon the death of F in 2009, the Plaintiff entered into a contract with the Defendants, the heir of F, on September 1, 2009, stipulating that the instant real estate is KRW 40 million as deposit, KRW 1.5 million per month per month, and the period from September 1, 2009 to August 31, 201 (24 months) (hereinafter “instant lease contract”). The Plaintiff’s convenience was added E to the lessee under the said contract, but the actual lessee was the Plaintiff, and the Defendants were to substitute for the deposit amount of KRW 40 million paid by F from the Plaintiff.

C. On December 26, 2014, Defendant B sent to the Plaintiff, on behalf of the Defendants, content-certified mail, stating that “The instant lease agreement was not renewed because it sold the instant real estate to another person, and by January 16, 2015, delivered the said real estate.” On January 12, 2015, Defendant B sent back the content-certified mail of the same purport to the Plaintiff (However, the time of delivery of real estate was re-determined until January 19, 2015).

As such, the main reason behind the Defendants’ refusal to renew the instant lease agreement was that: (a) concluded a contract to sell the instant real estate to G and one other on September 24, 2014; and (b) concluded a contract to sell the said real estate for KRW 500 million to the purchaser, including the Plaintiff, etc., within three months from the contract date.

Then, on January 28, 2015, the Defendants stated that “the instant building is delivered at the same time as the security deposit is paid” against the Plaintiff and E by the Gwangju District Court 2015dan4035.