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(영문) 광주지방법원 순천지원 2018.08.29 2018가단71103
건물명도(인도)
Text

1. The plaintiffs, among the E-ground buildings, each point of Section 1, Section 2, Section 3, Section 4, 5, 6, and Section 1, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiffs shared 1/2 shares of E large 553 square meters and its ground buildings at the time of leisure water.

B. On September 28, 2012, the Plaintiffs: (a) leased deposit of 440 square meters among the above E sites to Nonparty F, KRW 20 million; (b) monthly rent of KRW 1.5 million; and (c) from December 1, 2012 to December 1, 2017, the Plaintiffs agreed that the extended building ownership will vest in the Plaintiffs when the building is extended at its own expense.

C. Around December 11, 2012, F extended a building No. 141.9 square meters on the land above E, and the Plaintiffs completed the registration of change of a building indication made on the ground of extension and change of use as to the above E-ground building on April 25, 2013.

After that, around November 29, 2013, a singing practice room was additionally expanded by 31.61 square meters on the building above. As such, among the E-ground buildings, the part extended twice is the part at which each point of the attached drawings indication 1, 2.3, c. d. d. e., e., v. e., vi.66, and 173.51 square meters (hereinafter “the instant building”) is the part at which the ship connects each point of 1, 2, 3, 4, 5, 66, and 1.

From November 15, 2013 to December 1, 2017, the Plaintiffs leased the instant building owned by the Plaintiffs to Defendant C, who succeeded to the status of lessee under the said lease agreement, by setting the lease deposit amounting to KRW 20 million, monthly renting KRW 1.5 million, and the lease period from December 1, 2013 to December 1, 2017.

(hereinafter “instant lease agreement”). E.

Defendant D without the consent of the plaintiffs, occupies part of the building of this case from Defendant C.

F. On December 8, 2017, the Plaintiffs deposited the lease deposit amount of KRW 20 million with Defendant C on the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant lease contract expired at the expiration of the lease term, and Defendant D owned by the Plaintiffs.

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