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(영문) 수원지방법원성남지원 2020.10.21 2020가단217488

건물인도

Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff’s real estate listed in the separate sheet (hereinafter “instant building”) on May 8, 2020 on the grounds of sale and purchase as of December 20, 2019, as of December 20, 2019.

(2) On or around June 29, 2000, E, a spouse of D, completed the registration of ownership transfer on the instant building. (2) On or around September 15, 2015, the registration of ownership transfer was completed in the future.

3) Around May 199, the Defendants concluded a contract to lease the instant building with D and renewed the contractual relationship, thereby occupying the instant building. D and the Defendants drafted, as of May 16, 2013, a lease agreement entered into between lessor D, lessee B, and 24 months during the period, KRW 10 million, monthly rent, KRW 220,000,000, and KRW 2200,000 as of September 16, 2015, on which the registered titleholder of the instant building changed to E and entered as of September 16, 2015, the lease agreement entered as KRW 1,22,00,000,000,000 for the lessor, lessee, and lessee, and KRW 2,220,000,000,000,000 for the instant building. D and the Defendants did not return the lease deposit to the Defendants around December 20, 2019.

[Ground of Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, 4, Gap evidence 8-1, Eul evidence 2

B. According to the above facts of recognition, if based on the expiration date of the lease term stated in the lease agreement from September 16, 2015, it can be recognized that the instant building was terminated due to the expiration of the lease term on September 15, 2020 at the latest after the renewal period of one year from September 16, 2017. Thus, the Defendants are obliged to deliver the instant building to the Plaintiff.

2. Conclusion, the Plaintiff’s claim against the Defendants is accepted on the grounds that all the claims are reasonable, and it is so decided as per Disposition.