beta
(영문) 서울남부지방법원 2020.11.11 2020가단217889

건물인도

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On April 15, 2019, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D Co., Ltd. (hereinafter “D”), and the same year.

5. 21. The plaintiff completed the registration of ownership transfer in the future.

B. Around December 2010, D entered into a lease contract with Defendant B as of KRW 20 million, monthly rent of KRW 1300,000,000, and the lease term of KRW 1300,000 from December 27, 2010 to December 31, 2013, with regard to subparagraph E, KRW 20 million, monthly rent of KRW 130,00,000, and KRW 1300,000,000 from January 1, 2015 to December 31, 2015, between Defendant C and the lease contract of KRW 30,000,000,000 for KRW 130,000,000,000,000 for KRW 130,000,000,000,000,000 for KRW 130,000,00,00 for the instant real property.

C. On March 27, 2019, the Plaintiff succeeded to the lessor’s status and entered into a lease agreement with the Defendants (hereinafter collectively referred to as “instant lease agreement”) that stipulated the lease deposit amount of KRW 30 million with respect to the instant real estate (E, F, and underground floors), KRW 263,500,000 per month of rent, and the lease period of KRW 2630,000 per month, from April 1, 2019 to March 31, 2020.

Around October 14, 2019 and around March 3, 2020, the Plaintiff notified the Plaintiff of its refusal to renew the instant lease agreement. The Defendants requested the Plaintiff to renew the instant lease agreement on November 4, 2019 and January 13, 2020.

[Reasons for Recognition] Gap 1 to 4, Eul 1's statements (including the number of each branch; hereinafter the same shall apply), the whole pleadings.