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(영문) 서울중앙지방법원 2020.06.26 2019나54995

건물명도(인도)

Text

1.The judgment of the first instance shall be modified as follows:

Defendant C and D shall be respectively from 70,000,000 to 70,000,000.

Reasons

(2) The lessee orders the lessor to each lease object possessed by March 31, 2018.

Article 4 (Preferential Lease Right after Re-building) (1) The lessor shall grant the lessee the preferential right to the part of the first floor of the newly constructed building after re-building of the building.

(2) In cases of a re-contract under paragraph (1), the security deposit and rent shall be determined in consideration of the expenses incurred in reconstruction and the surrounding market prices at the time of reappointment.

3. The priority among the lessees of this case shall be as follows: 1)G, 2)N (D), 3)F, 4) E in order of consultation among the lessees.

The priority of the lease contract shall be valid for three months from the commencement date of new building.

C) On January 2018, the Plaintiffs prepared a draft of the first agreement and delivered it to the Defendants, stating the date of delivery of the occupied portion of the lessees under Article 3(2) of the draft of the first agreement, around February 2018, the Plaintiffs indicated that “the date of delivery of the occupied portion of the lessees under Article 3(2) of the first agreement is public disturbance” and Article 4(1) provides that the lessor shall grant the right to hold office negotiation for the part of the building newly constructed to the lessee after re-building of the building.

“As amended, the second draft agreement was prepared and delivered to the said Defendants, but the instant lawsuit was brought without agreement due to differences in both opinions, etc.

[Grounds for recognition] According to the aforementioned facts and the overall purport of the argument held by Gap evidence Nos. 4, 8, and 10-2 and Eul evidence Nos. 6-1, 2, and 6-2, and the purport of the whole argument (3), although the above facts and the following circumstances revealed by the above facts and the evidence, the above facts alone lead to the notification of the lessor's refusal to renew the contract or the declaration of the lessee's intention to terminate the contract on the grounds of the lessee's default.