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(영문) 서울남부지방법원 2018.05.18 2017가단249817
건물명도(인도)
Text

1. The defendant shall indicate to the plaintiff (appointed party) and the appointed party the attached Form 2 among the first floor of the real estate stated in the attached Table 2 list.

Reasons

1. Basic facts

A. On October 7, 2016, Nonparty C leased a deposit of KRW 15 million, monthly rent of KRW 1.3 million, and lease contract from October 30, 2016 to October 29, 2017, with respect to the portion of KRW 21 square meters in the (A) section connected in sequence 1, 2, 3, 4, and 1 of the attached Table 2 among the real estate listed in the attached Table 2 list (hereinafter referred to as the “instant building”).

(hereinafter “instant lease agreement”). B.

On March 28, 2017, the Plaintiff (designated parties, hereinafter only the Plaintiff) and the designated parties succeeded to the lessor status of the instant lease agreement after purchasing the instant building from C Co., Ltd. and completing the registration of ownership transfer for each of 1/4 shares of the said building on the same day.

C. On July 13, 2017, the Plaintiff and the designated parties indicated that they were not willing to renew the instant lease agreement to the Defendant, and the Plaintiff and the designated parties presented a certificate of content requesting the delivery of the instant store, as the contract is terminated on October 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 2, evidence 4-1, 2 and 10, and the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease contract was terminated on October 29, 2017, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff and the Selection, barring any special circumstances.

As to this, the Defendant: (a) the contract term of the instant lease agreement was from October 30, 2016 to October 29, 2018; and (b) the Plaintiff’s certificate No. 2 submitted as evidence was concluded by the previous owner Co., Ltd., and the lease term of the contract was erroneously stated and returned again; (c) the contract term was changed from October 30, 2016 to October 29, 2018 by the said company to the effect that the contract term was delivered (Evidence 1). Therefore, the instant lease term was concluded.

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