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(영문) 대구지방법원 2018.01.26 2016가단124297
건물명도 등
Text

1. The Defendants are paid KRW 57,00,000 from the Plaintiff’s litigants and I, and at the same time, the Plaintiff’s net.

Reasons

1. Facts of recognition;

A. The buildings listed in the separate sheet attached to the Daegu Southern-gu J and K ground (hereinafter “instant building”) were jointly owned by A, L, M, and N, 1/6 shares, and I shared 2/6 shares, respectively.

B. On June 28, 2006, the above co-owners entered into a lease agreement with the Defendants, who are married couple, with regard to the second floor business facilities (office), 82.56 square meters, and 583 square meters of educational and research facilities (private teaching institutes) among the instant buildings, by setting the lease deposit of KRW 50 million, monthly rent of KRW 3.6 million, and the lease term from September 28, 2006 to September 27, 201. Further, on March 10, 2009, the lease agreement was concluded with regard to the lease deposit of KRW 7 million, monthly rent of KRW 550,000,000,000, and from March 10, 2009 to September 27, 2011.

(hereinafter referred to as “instant lease agreement” in total, and the leased object is “the leased object of this case” (hereinafter referred to as “the leased object of this case”).

The instant lease agreement has been implicitly renewed after the expiration of the period on September 27, 2011. On August 26, 2016, the said co-owners notified the Defendants of the refusal to renew the instant lease agreement, thereby terminating on September 27, 2016.

On the other hand, on October 1, 2013, A completed the registration of ownership transfer on M’s 1/6 shares among the instant buildings due to testamentary gift, and P completed the registration of ownership transfer on May 23, 2016 as to N’s 1/6 shares among the instant buildings due to an inheritance by agreement division.

L entered into a sales contract with A on September 29, 2016 on one-six shares of the instant building, and completed the registration of ownership transfer to A on December 27, 2016, and the O entered into a sales contract on one-six shares of the instant building between A and A on September 29, 2016, and completed the registration of ownership transfer on June 20, 2017.

E. On July 3, 2017, during the instant lawsuit pending, A died, and the instant case.

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