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(영문) 서울서부지방법원 2015.08.19 2014가단48548
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. 3rd floor of buildings listed in the attached Table at the same time as receiving KRW 52,00,000 from the Plaintiff.

Reasons

1. Basic facts

A. The building indicated in the attached list (hereinafter “instant building”) was owned by Nonparty C.

B. On August 30, 2012, the Defendant: (a) leased from C, the third floor of 363.75 square meters of buildings listed in the separate sheet (referring to neighborhood living facilities; hereinafter “the third floor of the instant building”) from September 1, 2012 to August 31, 2014; and (b) on April 30, 2012, part 1, 2, 3, 3, 4, 12.2 square meters of the attached sheet among the five floors of buildings listed in the separate sheet, among the five floors of the building listed in the separate sheet, (a) connected each point of 1,22.2 square meters of the ship (a); and (b) from May 1, 2012 to April 30, 2014.

The Defendant has occupied and used the fifth floor of the instant building in a residential way and operating a reading room on the third floor of the instant building until now.

On the other hand, the Defendant obtained each opposing power by filing a business registration application with respect to the third floor of the instant building on September 2012, and by filing a resident registration transfer report with respect to the fifth floor of the instant building.

C. The Plaintiff entered into a contract to purchase the instant building as of August 22, 2014 with C, and settled part of the purchase price by succeeding to C and the obligation to refund the lease deposit on October 17, 2014 on the remainder date of the said contract. On October 24, 2014, the Seoul Western District Court completed the registration of ownership transfer pursuant to Article 55248, which received from the Pyeongtaek Branch Office, and became the owner.

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 and 3, purport of the whole pleadings

2. The parties’ assertion and the judgment of this court are demanding the defendant to deliver the third and fifth floor of the instant building.

In regard to this, the defendant recognized that he had the obligation to deliver to the defendant because of the termination of the lease contract relationship, the defendant paid 70,000,000 won for the lease deposit of the third floor of the building of this case and 150,000,000 won for the lease deposit of the fifth floor of the building of this case and defense of simultaneous performance.

According to the above facts, the lease of the third and fifth floors of the instant building has opposing power, so C's lessor.

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