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(영문) 서울중앙지방법원 2015.02.04 2014가단127682
건물명도
Text

1. The Plaintiff, among the real estate listed in the separate sheet,

A. Defendant A is each point of 4, 5, 8, and 4 indicated in the attached Form 1 drawings.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 5 (including paper numbers).

On May 23, 2013, the Plaintiff purchased real estate listed in the attached list from the Korea-Japan Real Industries Co., Ltd. (hereinafter “Korea Real Estate Industry”).

B. On June 1, 2002, Defendant A entered into a lease contract with the Korea-U.S. on the part “A” (the part on the first floor; hereinafter referred to as “the first shop in this case”) of 6.61m2 (the lease term of June 1, 2002 to May 31, 2004, the lease deposit was KRW 35,000,000 (the lease deposit was KRW 5,00,000, KRW 1,750,000, KRW 1,750,000, KRW 1,000 for the rent) of each lease contract with each of the above buildings, and then renewed the lease contract on a one-year basis.

C. On May 22, 2004, Defendant B entered into a lease agreement with each of the following items on the part 11.81 square meters of “B” (the part on underground floor 8; hereinafter “the second shop of this case”) connected in order to each point of Annex 1, 2, 9, 8, and 1 of Annex 2 on the underground floor of the above building among the above building between Hansan and Hansan, on May 2, 2004, with the lease term from May 22, 2004 to May 21, 2006, with the lease deposit amount of KRW 5,000,000, monthly rent of KRW 600,000, and the contract was renewed on a one-year basis thereafter, Defendant C occupies the second shop of this case as Defendant B’s children.

On March 7, 2014, the Plaintiff expressed to the Defendants a wish not to renew the lease agreement upon the expiration of the lease term on May 22, 2014.

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, each of the lease agreements between the Plaintiff, Defendant A, and Defendant D terminated on or around May 2014, and the term of lease expires, Defendant A is obligated to deliver the instant first shop to the Plaintiff, Defendant D, and Defendant C, respectively.

B. Judgment on the Defendants’ assertion (i.e., judgment)

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