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(영문) 서울남부지방법원 2017.05.16 2016가단203142
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 26, 2015, a decision to commence compulsory auction was rendered on February 26, 2015 with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

B. In the above auction case, the Plaintiff and E awarded a successful bid on December 18, 2015, and completed the registration of ownership transfer on the same day.

C. On June 3, 2009, the Defendant entered into a lease contract with C by setting the lease deposit amount of KRW 42,00,00 with respect to the portion of 30.24 square meters on the ship (hereinafter “the leased portion of this case”) which was successively connected with each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate on the one story indicated in the attached Table among the real estate on the attached list in the name of F, one’s own birth, as the leased portion of this case, and completed a move-in report on August 3, 2009.

On June 21, 201, the Defendant agreed to renew the above lease agreement with C on June 21, 201, and the lessee has its own name, and the lessee has increased the lease deposit to KRW 52,00,000,00, and the term of the lease has been set from June 21, 201 to June 20, 201, and further agreed to increase the lease deposit to KRW 6,00,000 by September 30, 2012.

E. In accordance with the above agreement, the Defendant deposited KRW 6,00,000 in the K’s account on September 27, 2012, and received a receipt from C to receive KRW 6,000,000 as an additional payment on the same day.

F. On August 27, 2013, the Defendant obtained a fixed date on June 21, 2011, and has occupied and used the leased portion of this case until now.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 17 (including each number), and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant did not submit financial data related to the payment of lease deposit, and that the Plaintiff did not prepare a renewed lease agreement in addition to the lease agreement dated June 21, 201.

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