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(영문) 서울북부지방법원 2015.01.30 2014가단116926
건물명도
Text

1. The Plaintiff, and Defendant B shall list the third floor of 128.09 square meters and the fourth floor of 128.09 square meters in the attached list, and Defendant C shall list the attached list.

Reasons

1. Facts of recognition;

A. On July 24, 2013, the Plaintiff acquired ownership by winning the instant building at a successful bid and paying the bid price in the procedure for voluntary auction of real estate held by the Seoul Central District Court DD real estate (hereinafter “instant building”).

B. As of the date of the closing of argument in the instant case, Defendant B occupies the third and fourth floor of the instant building (hereinafter “instant private teaching institute”), and Defendant C occupies the sixth floor of the instant building (hereinafter “instant house”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, insofar as the Plaintiff did not assert and prove legitimate source of right, Defendant B is obligated to deliver the instant private teaching institute, Defendant C, and Defendant C, respectively.

B. (1) The judgment on the Defendants’ defense (1) on August 20, 201 on August 20, 201, Defendant B: (a) leased each of the instant private teaching institute 3 and 4 from the instant foundation up to KRW 100 million, and the period of August 30, 2013; and (b) on October 4, 2011, the instant private teaching institute 3 and the instant private teaching institute 4 were registered as “EAFA”; and (c) registered each of the instant private teaching institute 3 and operated the private teaching institute at the said place with the trade name “FAFA”, respectively; and (d) the Plaintiff succeeded to the lessor’s status pursuant to Article 3(2) of the Commercial Building Lease Protection Act.

As the above lease contract is implicitly renewed, the defendant B has the right to legally possess the private teaching institute of this case.

On the other hand, the evidence adopted earlier was based on the following circumstances, namely, (i) Defendant B first submitted a lease agreement (No. 1-1 and No. 1-3) concluded on August 20, 201, which was prepared between the Foundation and the instant foundation, as evidence that conforms to its assertion, based on the overall purport of the pleadings.

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