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(영문) 광주지방법원 2018.01.26 2017나56628
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is a building listed in attached Table 1 (2) to the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners and the current lessor of the instant real estate who completed the registration of ownership transfer on October 19, 2015 with respect to 1/2 shares of each real estate listed in the separate sheet, and the Defendant is the lessee of the instant real estate.

B. On January 14, 2003, F.D and F. the Defendant’s living together entered into a lease agreement (Evidence A 3) with the content that F.D leases the instant real estate from D without a security deposit, with the rent of KRW 1500,000 per month, from January 6, 2003 to January 5, 2006. 2) D and the Defendant, on March 7, 2011, without a security deposit for the lease, entered into a lease agreement with D, with the content that F.D leases the instant real estate from D with the lease term of KRW 300,000 per month, from March 7, 2011 to March 6, 2016 (Evidence B).

(3) On June 1, 2013, the Defendant: (a) drafted a lease agreement (No. 2) under which the Defendant leases the instant real estate from D without a security deposit; (b) from June 1, 2013 to May 31, 2016. (c) On October 5, 2015, the Plaintiffs purchased each portion of 1/2 of the real estate listed in the separate sheet from D and E, and subsequently succeeded to the lessor status under the instant lease agreement by completing the registration of transfer of ownership on October 19, 2015 on the said portion; (c) around February 2, 2016, the Plaintiffs continued to be aware of the expiration of the period of the instant lease agreement with the Defendant on May 31, 2016 that the instant lease agreement had no intention to use the instant real estate until the expiration of the period of final argument (hereinafter “the instant lease agreement”).

(1) [Ground for recognition] unsatisfy, Gap evidence 1 to 4, and Eul evidence 1 (provisional number).

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