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(영문) 서울중앙지방법원 2019.01.10 2018가단5032749
건물명도(인도)
Text

1. The Defendant shall assign 88.31 square meters and affiliated buildings to the Plaintiff (Appointed Party) and the Appointed C, among the real estate listed in the attached list.

Reasons

1. Basic facts

A. A building indicated in the separate sheet was originally a single-story, but its second floor and its appurtenant building were expanded, and registration of the said extension was completed on May 30, 2017, and thus, a building listed in the separate sheet (hereinafter “instant building”).

B. D was the owner of the above building. On October 12, 2016, D completed the registration of transfer of ownership by 1/2 shares on November 1, 2017 to the Plaintiff (Appointed Party) and the Appointor C (hereinafter “Plaintiff, etc.”) on the grounds of sale and purchase.

C. On December 17, 2014, D entered into a lease agreement with the Defendant on the part of the first floor of the instant building with a deposit of KRW 24,00,000, monthly rent of KRW 2,000,000, and the lease term of KRW 10,000 from February 10, 2015 to February 10, 2017 (hereinafter “instant lease agreement”). The said agreement was explicitly renewed on February 10, 2017.

Plaintiff

As the ownership of the instant building was transferred from D, the status of the lessor of the instant lease agreement was also transferred.

E. On November 26, 2017, Plaintiff C requested that the Defendant inform the Defendant of the eviction schedule by the end of January 2018, while the annex building among the instant building infringes on another’s land.

On January 11, 2018, the Plaintiff et al. sent to the Defendant a certificate of content that the Defendant had no intent to renew the instant lease agreement.

F. The Defendant has up to now possessed the part of the first floor of the instant building as one Council member, and possessed the part of the appurtenant building as one Council member's sugar room.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, 11, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease contract was explicitly renewed on February 10, 2017, but it was notified by the Plaintiff, etc. on November 26, 2017 and January 11, 2018 to the Defendant on January 11, 2018.

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