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(영문) 춘천지방법원강릉지원 2016.01.13 2014가단6820

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 43,979,930 won and December 1, 2015.

Reasons

1. Basic facts

A. On August 23, 2011, the Plaintiff entered into an exchange contract with C, D, and the instant real estate, and completed the registration of ownership transfer on August 29, 201.

B. On February 29, 2010, C, the former owner of the instant real estate, entered into a lease contract with the Defendant and the instant real estate with the terms that KRW 30,000,000 for the lease deposit, KRW 1,500 for the monthly rent, KRW 36 months from March 1, 2010 for the lease deposit, KRW 20,000 for the lease deposit, and KRW 10,000 for the remainder at the time of entering into the contract, and KRW 10,000 for the lease deposit (hereinafter “instant lease contract”) to pay KRW 20,00,000 for the lease deposit, and the Defendant is running a business with the trade name “EM” while occupying the instant real estate.

However, the defendant did not pay C the balance of the lease deposit amount of KRW 10,000,000 and monthly rent.

C. Following the Plaintiff’s acquisition of ownership of the instant real estate, F, a partner of the Plaintiff, resided in the instant real estate between August 201 and November 201, on behalf of the Plaintiff, and carried out the renovation and repair construction of the said real estate while residing in the instant real estate from August 201 to November 201, and the Defendant did not use the instant real estate during that period

The defendant has occupied the real estate of this case since F moved from the real estate of this case to the present date.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness F's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. Plaintiff 1’s primary assertion succeeded to the lessor’s status under the instant lease agreement while acquiring ownership of the instant real estate from C.

Meanwhile, the lease contract of this case was terminated on February 28, 2013, and the defendant delivered the real estate of this case to the plaintiff, and from March 1, 2010 to December 1, 2015, the lease deposit amount of KRW 20,500,000, not paid and the long-term accommodation deposit amount of KRW 103,500,000, in total, from March 1, 2010 to December 1, 2015.