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(영문) 제주지방법원 2017.01.17 2014가단44825
건물명도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. On April 10, 2007, the Plaintiff, a corporation, the purpose of which is market management business, etc., concluded a lease agreement with the terms of being delegated from the sectional owners of the first floor among the buildings with three underground floors and eight above ground floors D (hereinafter “instant aggregate building”) located in Jeju, which is an aggregate building, to lease the first floor among E and the instant aggregate buildings with a deposit of KRW 30,000,000, annual rent of KRW 50,000, and the period from June 1, 2007 to May 30, 2012 (by the extension of the period from August 14, 2014).

B. On July 28, 2010, E entered into a sub-lease contract with the Defendant and the first floor of the instant condominium building with the content of sub-leaseing KRW 40,000,000, annual rent of KRW 30,000, and the period from August 15, 2010 to August 14, 2014.

C. On June 13, 2014, the Plaintiff sent to E, respectively, a content-certified mail stating that “the term of the above lease agreement expires on August 14, 2014; for E, May 27, 2014, June 27, 2014, and July 31, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “the term of the above sub-lease agreement expires on August 14, 2014; each of the said items was served around that time.”

On the other hand, on January 27, 2012 and August 21, 2014, the Plaintiff completed the registration of transfer of ownership as to the real estate listed in the separate sheet among the first floor of the instant aggregate building (hereinafter “instant real estate”) and the Defendant completed each registration of transfer of ownership as to the first floor of the instant aggregate building on September 6, 2013 and August 8, 2014.

E. At the time of the date of the closing of argument in the instant case, the Defendant exclusively occupied and used part of the real estate Nos. 1 through 3 and the real estate No. 4 as indicated in the attached Table No. 4 (hereinafter “instant real estate No. 4”) owned by the Plaintiff among the first floor of the instant condominium building and operated the clothing store at that point.

【Unsatisfied facts, Gap evidence 1 to 10, Eul evidence 2, and Eul.

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