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(영문) 의정부지방법원 2015.11.26 2015가합974

건물명도

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1. Defendant (Counterclaim Plaintiff) B and Defendant (Appointed Party) C are as follows: Defendant (Counterclaim Plaintiff) B from Plaintiff (Counterclaim Defendant) 10,335.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Presumed factual basis

A. On September 30, 2009, D entered into a lease agreement with Defendant B, setting the lease term of KRW 110,000,000 for the lease deposit, KRW 3,000,000 for the rent month (payment on September 30, 200), and from September 30, 2009 to September 30, 2014 for the lease term.

(hereinafter “instant lease agreement”). B.

On March 31, 2011, the Plaintiff purchased the instant building from D on the same day, and the registration of ownership transfer was completed in the name of the Plaintiff on the same day.

The Plaintiff succeeded to the lessor’s status under the instant lease agreement.

C. (1) Defendant B did not pay for the rent of December 2012 and the rent of September 2013 and the rent of November 2013, 2013. (2) The content of the instant lease agreement, stating the Plaintiff’s declaration of intention, was delivered to Defendant B on September 19, 2014, on the ground that Defendant B was in arrears with two or more vehicles.

From December 28, 2009, Defendant B operated a sanatorium for older persons under the trade name of “E” (hereinafter “E”) in the instant building from around December 28, 2009. From around July 16, 2013, Defendant C occupied the instant building while operating the instant hospital.

[Reasons for Recognition] Unsatisfy, Gap 1 through 4 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 1) According to the premise prior to the determination on the cause of the instant claim, the instant lease agreement was lawfully terminated on September 19, 2014, according to the Plaintiff’s notice of termination on the ground of arrears of more than two years. As the instant lease agreement terminated, the Defendants are obliged to deliver the instant building to the Plaintiff, barring any special circumstances. 2)