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(영문) 부산지방법원 2018.05.10 2017가단322257

건물인도 청구

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land and buildings located in Busan-gu, Busan-gu, including the part stated in the purport of the claim (hereinafter referred to as "one-story parking lot"), are real estate acquired jointly from F and G on January 31, 2017 and completed the registration of ownership transfer on March 30, 2017. (B) The Plaintiffs, on the date they completed the registration of ownership transfer, completed the registration of ownership transfer due to trust pursuant to the Trust Act in the name of the trustee International Asset Trust Co., Ltd. on the date they completed the registration of ownership transfer. Meanwhile, around July 2, 2015, the Defendant entered the first floor parking lot into a lease agreement between F and G, the Defendant’s payment of KRW 70,00,000,000 from the above F and G, the monthly rental period, the lease period from July 1, 2015 to June 30, 2017, which entered the first floor as the parking lot and registered as a business operator on the first floor at that time, and the Defendant demanded to renew the above G agreement.

2. Summary of claims, etc. and determination thereof

A. The gist of the allegation, such as the claim, is the owner who purchased D’s land and building from G and F on March 30, 2017. Since the lease period of the first floor parking lot expires, the Plaintiffs seek delivery of the first floor parking lot against the Defendant.

The defendant asserts that, by completing the registration of trust to the International Asset Trust Co., Ltd., the plaintiffs succeeded to the above company's status under the above lease agreement, and the plaintiffs withdraw from the lease relationship, the plaintiffs' claims cannot be complied with.

B. According to the facts established prior to the determination, the Defendant satisfies the requisite to set up against the Defendant under Article 3(1) of the Commercial Building Lease Protection Act by receiving the first floor parking lot around July 1, 2015 and completing business registration around that time.

Since then, the plaintiffs on March 30, 2017.