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(영문) 서울중앙지방법원 2016.07.12 2015가단141869
건물인도 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The building indicated in Seongdong-gu Seoul Metropolitan Government (D; hereinafter “instant land”) and the attached Form on the above ground (hereinafter “instant building”) owned by E and F. On October 11, 2001, the registration of transfer of each ownership was completed in the name of G, H, and I (hereinafter “G, etc.”) on the ground of sale on October 11, 2001.

B. (1) On June 15, 1999, the Defendant (the title at that time was a stock company) entered into a lease agreement with E, F, and the first floor of 48 and 64 square meters of the instant building (hereinafter “the instant lease agreement”) to lease with a deposit of KRW 1,050,000,000 (within 10% per two years), and fifteen (5) years of the lease period (five (five (five (five (five (five (five) years after mutual consultation).

E and F have completed the registration of the establishment of chonsegwon on the total amount of deposit deposit for the building and the site of this case under the above lease agreement.

Accordingly, on December 23, 199, the registration of lease on a deposit basis for the instant land was completed on December 17, 2009; the term of 1.05 billion won; the return date on December 17, 2009; the lease on a deposit basis on December 17, 2009; the registration of the lease on a deposit basis for the Defendant of the lease on a deposit basis; and the registration of the lease on a deposit basis for the instant building on February 21, 200 with the entire scope of February 21, 200 for the building on the first and second floors.

(2) On October 31, 2001, the registration of the establishment of the right to lease on a deposit basis was cancelled on the instant land. On the instant building, the registration of the right to lease on a deposit basis (excluding the right to lease on a deposit basis) was cancelled on the same day.

C. On March 17, 2003, the Defendant drafted a lease agreement succession agreement with G, etc. to the effect that the existing lease agreement shall be succeeded by G, etc., but the deposit shall be increased by KRW 1.155 million and the interest on the increased portion shall be paid.

Since then, on December 16, 2003, the security deposit for lease on a deposit basis is changed to KRW 1.27 billion.5 billion.

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