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(영문) 서울중앙지방법원 2018.01.19 2017가단5056892
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B, from KRW 9,418,710 to KRW 9,418,710, Defendant B, from December 9, 2017, Nos. 1.

Reasons

1. Basic facts

A. On September 20, 2016, the Plaintiff is the owner of each of the instant real estate as indicated in the separate sheet (hereinafter referred to as “each of the instant real estate”) from G, and purchased each of the instant real estate as indicated in the separate sheet, and completed the registration of ownership transfer on November 22, 2016.

B From April 1, 2008 to October 24, 201, 200,000 won (including value-added tax) of real estate 20 million won on March 18, 2008; C from February 25, 2011, KRW 6.6 million on April 14, 201 to April 24, 201, D 13, 2014; KRW 1.6 million on April 13, 2014; KRW 20 million on April 4, 2014; KRW 1.65 million on November 13, 2014 to October 15, 2011; and KRW 7 million on August 26, 2018, KRW 306,00 on August 28, 201.

B. The Defendants are tenants who concluded a lease agreement with G, the former owner of which is as follows (hereinafter referred to as each of the instant lease agreements), respectively, and used the relevant object and profit therefrom:

C. Each of the instant lease agreements continued until the Plaintiff acquired ownership of each of the instant real estate since it was implicitly renewed at the expiration of the lease term. The Plaintiff concluded a sales contract with G and agreed to succeed to the status of the lessor and the obligation to return the lease deposit under each of the instant lease agreements.

The Defendants acquired the ownership of each of the instant real estate and did not pay the Plaintiff rent. However, Defendant B deposited KRW 7 million out of the amount equivalent to the unpaid rent on May 22, 2017, when the instant lawsuit was pending.

E. On January 6, 2017, the Plaintiff notified the Defendants of their intent not to renew the contract upon the expiration of the future rental period.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 7, Gap evidence 2-1 to 6, Gap evidence 3-7, each of the statements and the purport of the whole pleadings

2. The parties' assertion and judgment

(a) Contracts due to the expiration of the term of lease;

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