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(영문) 수원지방법원 2016.05.10 2015나24147

건물인도청구등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant's possession of the building of this case and the plaintiff's acquisition of ownership 1) the defendant on May 7, 2003 as stated in the separate sheet from C on May 7, 2003 (hereinafter "the building of this case").

B) The lease deposit amount of KRW 20 million, KRW 700,000 per month, and KRW 700,000 per month, and the lease term of KRW 200 through June 30, 2006 is determined and leased (hereinafter “instant lease contract”).

(2) The Plaintiff purchased the instant building from C on June 23, 2014.

3) Upon finding out of the Plaintiff’s knowledge of the purchase of the building, the Defendant filed an application for provisional attachment against C on August 25, 2014, claiming that “C, even if it sold the instant building to another person, did not inform the Defendant as to whether the lease deposit was returned or whether the lease was continued,” and filed a lawsuit against C on August 25, 2014 seeking the return of the lease deposit amount KRW 50 million against C, and on October 29, 2015, the Plaintiff notified the Defendant of the refusal of the renewal of the instant lease contract, and the notification reached the Defendant on September 18, 2014. < Amended by Act No. 12837, Oct. 13, 2015>

4) The Defendant continues to operate the instant building without paying rent to the Plaintiff or C, while occupying the instant building. (B) On October 2, 2006, the Plaintiff’s husband E leased No. 102 from F on October 2, 2006, the Plaintiff’s husband E, who was operating a washing house. However, on January 20, 2012, H, the Defendant’s wife, purchased the said No. 102 from F on January 20, 2012, and completed the registration of ownership transfer on February 3, 2012, notified E of the termination of the lease on the ground of rent arrears.

2 After 2, H brought a lawsuit against the Plaintiff and E seeking delivery of the above 102.