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(영문) 서울중앙지방법원 2015.10.02 2014가합590614
건물명도
Text

1.(a)

The defendants deliver to the plaintiff A each real estate listed in the separate sheet;

B. Defendant D shall be the plaintiffs.

Reasons

1. Basic facts

A. On December 21, 2012 due to the sale and purchase on December 18, 2012, the Plaintiff, who was the owner of each land listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”) completed the registration of ownership transfer with the Plaintiff C on December 21, 2012, and on May 6, 2008, with respect to the share of 61/1/331 and 9/10 of the land listed in the separate sheet No. 2 as indicated in the separate sheet No. 2; and

5. Based on each gift, the registration of ownership transfer was completed to Plaintiff B on July 12, 201 due to the sale on July 12, 2011 with respect to the portion of 10/331 of the above land.

B. On the ground of the instant land, there was a building related to the two-story motor vehicles of the steel framed roof, the steel framed site, which was originally constructed around early 2004, owned by the Plaintiff (hereinafter “instant old building”). However, around July 2004, Defendant D removed the said building and constructed a new building on or around December 2004, and completed the construction of the building listed in the attached Table 3 (hereinafter “instant building”). The registration of preservation of ownership in the Plaintiff’s name as to the instant building was completed as the Seoul Central District Court No. 4138, Jan. 19, 2005.

[Grounds for Recognition] Facts without dispute, entry of evidence Nos. 5 and 14 (including branch numbers), significant facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. On April 28, 2004, the plaintiffs asserted 1) entered into a lease agreement with Defendant D on the condition that the lease deposit amount of KRW 300 million, monthly rent of KRW 15.4 million (including value added tax), and the lease period of KRW 15.4 million from June 20, 2004 to June 19, 2009 for the purpose of lease. 2) At the time, Defendant D demanded to guarantee a long-term contract period for the recovery of construction costs because it can be reconstructed or newly constructed the building of this case. Accordingly, the plaintiffs and Defendant D needed to guarantee a long-term contract period for the recovery of construction costs.

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