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(영문) 부산지방법원 2020.08.20 2019가단325137
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

A. Each point is the indication of the attached drawings on the ground of 167 square meters in the Geum-gu Busan Metropolitan City, Geum-gu, Do, 167 square meters, and each point.

Reasons

1. Basic facts

A. From around 2012, F entered into a lease agreement with the Defendant on April 23, 2017 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), and agreed that the lease agreement was concluded to increase the monthly rent of KRW 700,000 from September 20, 2018 to KRW 70,000, monthly rent of KRW 500, monthly rent of April 23, 2017, and the lease period of KRW 500,000 from April 23, 2017 to April 22, 2018.

B. F On March 30, 2019, upon death, the Plaintiffs acquired ownership of each 1/2 share of the instant real estate on April 3, 2019 due to inheritance by agreement division.

C. The Defendant installed each building, structure, container stuff, fence, wall, bridge, signboard, etc. listed in Section 1-A, B-B of the instant real estate (hereinafter “the instant object to be removed”), and sublet the land and its ground and its structure to G without consent of F or the Plaintiffs.

The Defendant did not want to extend the term of the instant real estate lease agreement, and the lease agreement was terminated on April 23, 2019, and it did not restore the instant real estate to its original state and deliver it to the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment on the cause of the claim, since the lease contract on the instant real estate was terminated on April 23, 2019 as the expiration of the period, the Defendant removed the subject matter of removal installed by the Defendant as described in the Disposition No. 1-A and Paragraph (b), and (2) deliver the instant real estate as described in the Disposition No. 1-C, and (3) deducts the Defendant’s deposit amount of KRW 10 million paid by the Defendant as claimed in the Disposition No. 1-D as claimed by the Plaintiff, from April 23, 2019.

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