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(영문) 대전지방법원 2020.01.09 2018가단230813
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The Plaintiff, on September 26, 2014, purchased the 4th floor [the whole 4th floor buildings; hereinafter referred to as "total 4th floor building". Among them, only 139.47 square meters of underground amusement facilities [the building of this case], decided to succeed to the existing lease related to underground floors ( deposit KRW 5 million, monthly rent KRW 300,000). Defendant C registered its business with the trade name "F" in the name of Defendant D and operated an entertainment tavern business in the instant building. The Plaintiff and Defendant C, who completed the registration of ownership transfer related to the entire 10th floor building on November 10, 2014, without entering the lease contract number of 50,000,000 won or less from April 1, 2013, the Plaintiff and Defendant C, who prepared the lease contract number of 1 to 2015,000,0000 won or less from May 13, 2013, should be paid to the Plaintiff.

On the other hand, the fact that the copy of the complaint of this case (2019Da118552) stating the Defendant C’s termination of the instant lease contract due to the delinquency in rent is clearly recorded on July 12, 2019 is delivered to Defendant C.

According to the above facts, the lease contract of this case was lawfully terminated, and the defendants are obligated to deliver the building of this case to the plaintiff unless there are special circumstances.

2. Determination on the defense, etc.

A. Summary of the Defendants’ assertion on July 2017

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