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(영문) 서울고등법원 2016.11.29 2015나2010682
건물명도
Text

1. Of the judgment of the first instance, the part against Plaintiff A and B shall be modified as follows:

The Defendants jointly do so to Plaintiffs A, A.

Reasons

1. Basic facts

A. On September 12, 1994, Plaintiff C stated the Dobong-gu Seoul J lease agreement as “L” but appears to be a clerical error in the JJ.

A lease agreement was concluded with the term of lease deposit of KRW 150,00,000, monthly rent of KRW 2,700,000, and the term of lease from November 30, 1994 to November 30, 1996 (hereinafter “instant lease agreement”).

At the time, the plaintiff C and the defendant D agreed to increase the rent to KRW 3,000,000 per month from December 1, 1995, the year after 195.

B. On December 12, 1994, Defendant D promised to pay the Plaintiff C KRW 110,000,000 out of the above lease deposit of KRW 150,000,000, and to pay the remainder of KRW 40,000,000 by the time of payment.

C. After the conclusion of the instant lease agreement, Defendant D operated a lodging business in the G Innct and the debt-backed building. From that time until February 2014, Defendant D had impliedly renewed the instant lease agreement with C until Plaintiff C received notice of termination from Plaintiff C.

Defendant D around March 2004, at the request of Plaintiff C, transferred to Plaintiff C the G Inn At the 2 G Inn At the request of Plaintiff C, the building of G Inn at the 2 premises of the G inn at the G inn, and thereafter, Defendant D operated the accommodation business at the main building of G inn at the G inn at the 16 main building (hereinafter “instant building”).

E. After that, on February 21, 2014, Plaintiff C notified Defendant D of the termination of the instant lease agreement on the grounds of not less than two years of arrears, and the said notification reached Defendant D on February 24, 2014.

F. On May 27, 2014, Plaintiff C sold the instant building to Plaintiff A (A) and B (A’s wife) on May 27, 2014. On June 10, 2014, Plaintiff C completed the registration of ownership transfer for each one-half of the instant building to Plaintiff A and B.

G. Meanwhile, on September 13, 2015, Defendant D transferred the instant building to Plaintiff A and B.

[Reasons for Recognition] A. A., 2, 5.

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