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(영문) 광주지방법원 2015.11.19 2015가단4035

건물명도

Text

1. Defendant (Appointed Party) D and Selection Party E shall receive KRW 40 million from the Plaintiffs, at the same time, from the Plaintiffs.

Reasons

1. Basic facts

A. On September 1, 2009, the Plaintiffs entered into a contract with Defendant (Appointed Party) and Selection E (hereinafter referred to as “Defendant”) under which the real estate stated in the separate sheet (hereinafter referred to as “instant real estate”) was leased to the Defendant (Appointed Party) and the Defendant E (hereinafter referred to as “Defendant”) for the lease period from September 1, 2009 to August 31, 201 (hereinafter referred to as “instant lease contract”) (hereinafter referred to as “instant lease contract”), and thereafter, the said lease contract was renewed each year, and at least until August 31, 2014.

B. On December 26, 2014, Plaintiff A sold the instant real estate to the Defendant on behalf of the Plaintiffs, without renewal of the instant lease agreement, sent a content-certified mail to deliver the said real estate by January 16, 2015, and reached that time. On January 12, 2015, Plaintiff A sent to the Defendant a content-certified mail of the same purport as the content-certified mail (However, the time of delivery of real estate was re-scheduled until January 19, 2015).

As such, the main reason for refusing the renewal of the instant lease agreement is that: (a) on September 24, 2014, the Plaintiffs entered into a contract with F and one other to sell the instant real estate amounting to KRW 500 million; and (b) “The purchaser, including the Defendant and the tenant, will put the said real estate at a disadvantage within three months from the date of the contract.”

C. On April 6, 2015, the Defendant sent content-certified mail requiring renewal to the Plaintiffs on August 31, 2015. Accordingly, the Defendant sent the instant lease agreement to the Plaintiffs.

On the other hand, on April 14, 2015, the Plaintiffs sent content-certified mail to the Defendant, etc., refusing to renew the instant lease agreement.

【Unsatisfy-founded facts, Gap evidence 1 through 3 (including those with a serial number) and Eul evidence 1-1 and 2 respectively.