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(영문) 전주지방법원정읍지원 2019.09.10 2019가단10154
건물명도(인도)
Text

1. Defendant B shall draw up to the Plaintiff each real estate listed in the attached list and the land listed in the attached list No. 1.

Reasons

Basic Facts

On November 6, 2016, the Plaintiff entered into a contract with Defendant B regarding the lease of approximately KRW 18 square meters on the part (B) of the ground building and approximately KRW 60,6,7,8, and5 of the same drawings among the real estate listed in the separate sheet and the land listed in paragraph (1) of the attached Table, which are owned by the Plaintiff, among the real estate listed in the separate sheet, and the land listed in paragraph (1) of the attached Table, with each point listed in the attached Table Nos. 1, 2, 3, 4, and 1, and 6, 8, and 5 of the same drawings, which are successively connected with each point listed in the (B) of the (c) section of the ground building and approximately KRW 18,00,000,000,000,000 from December 1, 2016 to November 30, 2018.

(hereinafter “instant lease agreement”). Defendant C, as a family member of Defendant B, operates a restaurant with Defendant B on the instant real estate.

[Ground of recognition] In light of the facts without dispute, Gap's evidence Nos. 1 and 2, and the purport of the entire argument as to the ground for the claim for a judgment on the claim for extradition of the instant real estate, the above facts of recognition are as follows. Since the instant lease contract has expired on November 30, 2018, the defendant Eul is obligated to deliver the instant real estate to the plaintiff as restitution.

The Plaintiff also sought the delivery of the instant real estate to Defendant C on the ground of restitution. However, unless there is any assertion or proof regarding the fact that the lease contract was concluded between the Plaintiff and Defendant C, it cannot be deemed that Defendant C bears the duty of restitution to the Plaintiff. Therefore, the Plaintiff’s claim for this part of this case is without merit.

Defendant B asserted that the instant lease contract was not terminated, as Defendant B demanded the Plaintiff to renew the contract between six months and one month before the term of the instant lease expires.

l.p. g., p.

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