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(영문) 춘천지방법원 2016.01.22 2014나5610
건물명도
Text

1. Of the judgment of the court of first instance, the part against Defendant B is modified as follows.

Defendant B shall be the Plaintiff 4,780.

Reasons

1. Basic facts

A. On June 20, 2012, Defendant B leased approximately KRW 18,000,000, monthly rent of KRW 300,000,00, which was linked in sequence each point of Section 1, 2, 3, 4, 5, 6, and 18 square meters on the ship, which was linked to each point of Section 1, 3, 4, 4, 5, 5, 1, among the buildings listed in the separate sheet (hereinafter “instant building”) from Section D (hereinafter “instant building”).

On July 19, 2010, Defendant C leased approximately KRW 25,000,00,00 for a period from July 20, 2010 to 36 months from July 20, 2010, the lease deposit amount of KRW 5,00,00, monthly rent of KRW 40,00,00, connected each point of the instant building, in sequence, to be indicated in the attached drawings, among the instant building.

B. Defendant C completed business registration with respect to the instant 2 shop in its own name F, but Defendant C did not make business registration with respect to the instant 1 shop.

According to the statement No. 8-2 of the certificate No. 8-2, the fact that Defendant B registered with the original Mayor is recognized, but it cannot be viewed as a business registration under the Commercial Building Lease Protection Act.

C. Each of the above lease agreements between the Defendants and D has been implicitly renewed. The Defendants heard the lawsuit that D sells the instant building and did not pay D monthly rent from December 20, 2013.

The Plaintiff purchased the instant building from D on April 28, 2014 in KRW 430,00,000, and completed the registration of ownership transfer on May 27, 2014.

E. On June 3, 2014, D notified the Defendants of the termination of each lease agreement on the grounds of the Defendants’ delinquency in rent. On June 24, 2014, the Plaintiff notified the Defendants of the termination of each lease agreement on the instant Nos. 1 and 2 stores on June 24, 2014, and thus, the Plaintiff concluded a new lease agreement or delivered each store by June 30, 2014.

F. The defendants are the defendants of this case.

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