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(영문) 광주지방법원 2017.08.24 2017가단504652
건물명도(인도)
Text

1. The Defendant points out each of the attached drawings indication 1, 2, 3, 4 and 1 among the real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. From September 1, 2014 to May 7, 2015, C, as the Plaintiff’s representative director, separately leased from D, around September 2014, KRW 300,000,000, and KRW 12,000,000 per rent, real estate listed in the separate list of its ownership (hereinafter “instant real estate”).

B. On September 25, 2014, C and the Defendant’s husband E and the Defendant: (a) deposited KRW 80,000,000; (b) monthly rent of KRW 4,50,000; (c) and (d) the date of delivery; and (d) the Plaintiff succeeded to the lessor’s status.

C. On May 27, 2015, the Plaintiff purchased the instant real estate from D in KRW 2,000,000,000. The same year

6. 15. Accordingly, on March 25, 2016, notified E and the Defendant that they refuse to renew the above sub-lease.

On February 2, 2017, the Plaintiff deposited KRW 80,000,000 as deposit money with the Gwangju District Court, stating the transfer of the instant real estate portion by E as the principal deposit, in return for the transfer of the instant real estate portion.

E. The Defendant, in collaboration with E, operates the Macop with the trade name “F” while occupying the instant real estate portion.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4-6-2, 8-10, Eul 1, witness C, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant who possesses the real estate portion of this case has the duty to deliver it to the plaintiff as its owner.

B. The Defendant’s assertion 1) The Defendant’s assertion that the lease contract was not terminated: (a) purchased the instant real estate from D around September 2014; and (b) leased the instant real estate portion to E and the Defendant on September 24, 2014; and (c) the Plaintiff decided to succeed to the lessor’s status in the future; and (d) at the time, the period of the lease contract for commercial buildings should be set at two years.

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