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(영문) 서울북부지방법원 2020.06.09 2019나2009

건물명도

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 2, 3, 4, 7, Eul evidence 1, 2, and 3.

D has completed the registration of ownership transfer on March 7, 1986 with respect to the real estate listed in the attached list.

B. On July 5, 2008, D entered into a lease agreement with the Defendant to lease the instant leased object to the Defendant (hereinafter “instant lease agreement”) by setting the lease deposit of KRW 15 million, monthly rent of KRW 800,000,000, and the lease term of July 5, 2010, with respect to the portion (B) 20 square meters of the leased object connected in sequence with each point of the items indicated in the attached Form No. 5,6, 7,8, and 5 among the one storys of the real estate listed in the attached Table (hereinafter “the instant lease agreement”).

C. The Defendant occupied and used “K” in the leased object of this case.

The instant lease contract was renewed.

E. D’s death 1) On October 1, 201, D died on October 1, 201. 2) The Plaintiff, E, F, and G inherited their joint property, and succeeded to the lessor’s status of the instant lease agreement.

F. On July 17, 2013, the Defendant prepared a written confirmation (Evidence A2, hereinafter “instant confirmation”) with the following content and issued it to the Plaintiff.

Location - Seoul Dongdaemun-gu L himself/herself confirms that he/she did not extend the term of lease for the purpose of not impeding re-building that he/she intends to return as the lessee of the above location, and that he/she will surrender Ha on or before March 30, 2014 the above and the second floor houses that he/she leased prior to her on or before 2014.

G. On June 4, 2016, the Plaintiff entered into a lease agreement with the Defendant, which is KRW 15 million with respect to the subject matter of the instant lease, KRW 9.5 million with respect to the monthly rent, KRW 9.5 million with respect to the lease subject matter of the instant lease, from June 14, 2016 to June 14, 2017 (No. 4, hereinafter “instant lease agreement”).