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(영문) 서울서부지방법원 2016.04.05 2015가단35266
건물명도등
Text

1. The Defendant indicated in the separate sheet No. 1 floor of the real estate as indicated in the separate sheet No. 1 floor to the Plaintiff, and indicated in the separate sheet No. 1, B, C, D, f,

Reasons

1. Basic facts

A. On March 20, 201, the Defendant: (a) leased on the leased deposit amount of KRW 10,000,000, monthly rent of KRW 60,000; and (b) from April 6, 2011, the lease period of KRW 27,00,00,000 among the real estate listed in the separate sheet, owned by C and D, as indicated in the separate sheet, for a period from April 24, 201.

(hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed.

B. The Plaintiff and the Plaintiff’s spouse E purchased each share in the instant store from C and D on January 22, 2015, and completed the registration of transfer of each share ownership on March 31, 2015.

(2/3, E equity 1/3).

On January 28, 2015, the Plaintiff sent a certificate of content to the Defendant. On April 6, 2015, the Plaintiff was the purchaser of the instant store, and notified the Plaintiff that the instant lease contract was terminated by impliedly renewed as of April 6, 2015.

As the Defendant did not leave the instant store even after April 6, 2015, the Plaintiff sent a content certification again on May 6, 2015, and notified the Plaintiff that the instant store should be removed after restoring the said store to the original state by June 30, 2015.

E. Nevertheless, as the Defendant did not leave the instant store, on July 3, 2015, the Plaintiff sent a certificate of content again, and concluded a lease deposit of KRW 20,000,000, monthly rent of KRW 1,000,000, or notified the instant store of the removal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. On January 28, 2015, the Plaintiff issued a certificate of content to the Defendant on January 28, 2015, and demanded restitution and eviction after the expiration of the contract period, thereby declaring that the instant lease contract will not be renewed any longer. Therefore, the Defendant should deliver the instant store to the Plaintiff.

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