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(영문) 광주지방법원 2016.01.28 2015가단45265
건물명도
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of the lawsuit shall be borne by the plaintiff (appointed party) and the selected party E.

Reasons

1. Basic facts

A. On July 1, 2002, the Plaintiff (Appointed Party) and the Selection Party E (hereinafter “Plaintiff”) entered into a contract for the lease of the instant real estate from F [the spouse and the father of Defendant C and D], who was the owner of the real estate listed in the [Attachment List (hereinafter “instant real estate”) on July 1, 2002, to KRW 40 million, KRW 1550,000,000,000,000,000,000,000,000,000,000,000 from July 1, 2002 to July 1, 2004, and thereafter, the said security deposit was paid to F.

B. On September 1, 2009, the Plaintiff et al. concluded a contract under which the Plaintiff et al. leased the instant real estate from the Defendants during the period from September 1, 2009 to August 31, 201 (24 months) (hereinafter “instant lease contract”). The Defendants decided to substitute the Plaintiff et al.’s payment of KRW 40 million for the said lease contract.

Since then, the above lease contract has been renewed every year and has been maintained at least until August 31, 2014.

C. On December 26, 2014, Defendant B, on behalf of the Defendants, sold the instant real estate to the Plaintiff on behalf of the Defendants, without renewal of the instant lease agreement, sent a content-certified mail to deliver the said real estate by January 16, 2015. On January 12, 2015, Defendant B sent to the Plaintiff a content-certified mail of the same purport as the content-certified mail (However, the time of delivery of real estate was re-scheduled until January 19, 2015).

As such, the main reason why the Defendants refused the renewal of the instant lease agreement is that: (a) concluded a contract to sell the instant real estate to G and one other on September 24, 2014; and (b) concluded a contract to sell KRW 500 million to the purchaser, including the Defendant and the tenant, within three months from the contract date.”

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