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(영문) 대구지방법원 2015.04.02 2014가합204714
건물명도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) On November 25, 2008, the Defendant transferred the lease contract and the lessor status to the non-party 1) The Defendant is the Tros Korea Institute Co., Ltd. (hereinafter “Tros Korea Institute”).

(C) The building indicated in the “Real Estate List” (hereinafter “instant building”) between the two buildings

(1) In the case of the lease building of this case, the lease building of this case (hereinafter referred to as "lease building of this case") shall be registered with the exception of the parts indicated in the separate sheet(s) and the separate sheet(s)(s).

(2) The lease agreement between the Plaintiff and the Defendant, including the modified contents thereof, on the lease deposit amounting to KRW 20 million, and the lease agreement between November 25, 2008 to December 31, 2018 (hereinafter “instant lease agreement”).

2) On April 27, 2013, the New Zealand Co., Ltd. (hereinafter referred to as “New Zealand”) purchased the instant building from Trans Korea Board and succeeded to all rights and obligations under the said lease agreement.

On the other hand, on July 31, 2013, New Zealand entered into an agreement with the Defendant on the change of the lease term to “from November 25, 2008 to December 31, 2020,” and this agreement provides that the monthly rent as of April 2014 is KRW 289,415,836.

(iii) Magdong Co., Ltd. (hereinafter referred to as “Magdong”)

(A) On March 17, 2014, the Plaintiff entered into a sales contract for the instant building with the New Capital Market Act. On April 11, 2014, the Defendant, referring to the receiver, and see, see, see, e.g., the New Capital Market and Financial Investment Business Act (collective investment schemes established under the Financial Investment Services and Capital Markets Act and have 100% shares of the instant building). If a real estate fund (collective investment schemes established under the Financial Investment Services and Capital Markets Act, holding 100% shares of the instant building, and enters into a contract for the transfer of ownership to a new capital market and a lessor, the Defendant is a lessor from the New Capital Market.

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