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(영문) 대구지방법원포항지원 2016.04.21 2015가단304707
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the buildings indicated in the attached list, the part of general restaurants of 4 stories is handed over 265.86 square meters, and B.

Reasons

1. Determination on the delivery of the building and the claim for rent payment

A. On March 2, 2015, the Plaintiff: (a) around March 2, 2015, from the Defendant, the Nam-gu Seoul metropolitan area of 508.9 square meters (hereinafter “instant land”).

)The building and its ground (the instant building, the instant land, and the instant building, collectively referred to as “each of the instant real estate”

(2) As of the date of closing argument in the instant case, the Defendant purchased the purchase price in KRW 1.6 billion, and completed the registration of ownership transfer with respect to each of the above real estate on the 27th of the same month.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including a provisional number), the purport of the whole pleadings

B. The Plaintiff, upon the Defendant’s request, purchased each of the instant real estate from the Defendant and leased the instant building portion to the Defendant at the Defendant’s request, at KRW 3,300,000 (including value-added tax). Since the Defendant continues to engage in a bar business on the instant building without paying only one occasion a rent to the Plaintiff, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and the Defendant is obligated to deliver the said building portion to the Plaintiff with money calculated at the rate of KRW 3,300,000 from March 28, 2015 to the completion date of delivery of the said building portion. However, the Plaintiff’s primary assertion is not acceptable as there is no evidence to acknowledge otherwise.

Therefore, there is no reason to request the delivery of the building portion of this case and the payment of rent on the premise that the lease contract was concluded between the plaintiff and the defendant.

C. According to the facts acknowledged prior to the determination of the conjunctive cause, the building part of this case is examined.

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