(영문) 서울중앙지방법원 2015.04.17 2014가단199465

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(영문) 서울중앙지방법원 2015.04.17 2014가단199465

건물명도

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1. The Defendants, among the six floors of the attached building indicated in the attached Form 1, each of the attached Form 1, 2, 3, 4, 5, and 1.

Reasons

1. Basic facts

A. On February 26, 2013, the Plaintiff purchased and owns the attached building on the attached sheet.

B. On April 20, 2013, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a short-term lease agreement (hereinafter “instant contract”) with the effect that the Defendant Company will immediately deliver the attached Form No. 1, 2, 3, 4, 5, and 165 square meters of “A” (hereinafter “the instant building portion”) connected each point of “A” on the sixth floor of the building indicated in the attached Form No. 1, 2, 3, 4, 5, and 1, on December 30, 2013.

C. The Plaintiff delivered the instant building portion to the Defendant Company pursuant to the instant contract, and the Defendant Company and the Defendant B, the representative of the Defendant Company, occupied and used it.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9

2. According to the above facts of determination as to the cause of the claim, since the contract of this case terminated at the expiration of the contract period, the defendants are obligated to deliver the part of the building of this case to the plaintiff, barring special circumstances.

3. Judgment on the defendants' assertion

A. The gist of the assertion is that the Plaintiff: (a) was entrusted to C, which is engaged in the real estate brokerage business for the destruction of a building indicated in the separate sheet and new construction of a new building; and (b) was given the right to lease the new building in return for the delivery from the existing lessee; (c) C and the Defendants were able to perform the above business and management of the building; and (d) instead, C and the Defendants jointly

Accordingly, the Defendants, upon request of the Plaintiff, entered into the instant contract with the Plaintiff, moved into the instant part of the building and performed the management of the building by handling the problems of the existing lessees.

However, the problems of existing lessees have been solved almost.

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