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(영문) 서울중앙지방법원 2017.08.11 2017가단5008862
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. A. Around February 2007, the Defendant leased real estate listed in the separate sheet (hereinafter “instant commercial building”) from C (hereinafter “instant commercial building”) and extended the lease period on April 1, 2015 by March 31, 2016.

B. On March 2, 2016, the Plaintiff purchased the instant commercial building from C and completed the registration of ownership transfer on March 31, 2016.

C. After that, the Plaintiff presented the instant complaint to the Defendant on January 26, 2017, with respect to the instant commercial building by March 31, 2017, by expressing his/her intent to refuse to renew the lease agreement, and the duplicate of the instant complaint was served on the Defendant on January 26, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment on the cause of the claim, the lease contract on the commercial building of this case was lawfully terminated on March 31, 2017 according to the Plaintiff’s declaration of refusal to renew the lease contract, and the Defendant is obligated to deliver the commercial building of this case to the Plaintiff.

B. (1) According to the lease agreement entered into with C, the Defendant asserts that the lessor should give priority to the lessee when he/she intends to sell the commercial building of this case. However, the Plaintiff is held liable for damages arising from the tort, which the Defendant lost the opportunity to purchase the commercial building of this case by not giving prior notice to C.

According to the statement in Gap evidence No. 3, Article 9 of the lease contract concluded on April 1, 2015 between the defendant and C provides that "if the lessee wishes to sell the same store, he/she shall give the lessee prior notice and give priority to the lessee." However, there is no evidence to acknowledge that the plaintiff violated the defendant's right by selling the prior notice to C.

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