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(영문) 서울남부지방법원 2017.07.07 2016가단259787
건물명도
Text

1. From June 24, 2017 to July 7, 2017, Plaintiff (Counterclaim Defendant) filed against Defendant (Counterclaim Plaintiff) B with KRW 1.190,000 and with respect thereto.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant building”) is the fourth floor of the steel-framed reinforced concrete structure built around September 4, 1986.

B. The Plaintiff is a company established for the purpose of housing construction business, real estate lease, sale, and management business. On April 29, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale on February 26, 2016.

C. Meanwhile, between Defendant B and D on November 5, 2014, Defendant B entered into a lease contract with the fourth floor of the instant building as the lease deposit amount of KRW 30 million, monthly rent of KRW 2.5 million, and the period from November 20, 2014 to November 19, 2016, and with a special terms and conditions, the leaser is to lease the fourth floor of the instant building as the period from November 20, 2014 to November 19, 2016 (hereinafter “the first lease contract of this case”). Around that time, Defendant B entered into a lease contract with D, which provides that “The leaser shall maintain until the date of the occupancy (the date of the difficulty) so as not to interfere with the use of the difficulty, toilets, glass, etc.” (hereinafter “the first lease contract of this case”). At the same time, Defendant B was carrying on the manufacturing business, etc. of mutual clothes, etc. from which the leased

Around October 11, 2016, Defendant B notified the Plaintiff of the request for renewal of the instant first lease contract, but the Plaintiff notified the Defendant B of his refusal of the request for renewal on October 18, 2016 on the ground that the Plaintiff is promoting the removal and reconstruction of the instant building.

피고 C는 2014. 6. 13. D 외 2인과 사이에, 이 사건 건물의 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 부분 23㎡를 임대차보증금 1,000만 원, 월차임 50만 원, 기간 2014. 6. 30.부터 2016. 6. 30.까지로 정하여 임차하기로 하는 계약(이하 ‘이 사건 제2임대차계약’이라고 한다)을 체결한 후, 그 무렵 위 임차 부분 건물을 인도받아 그곳에서 ‘F’이라는 상호로 건축자재, 철물 도소매업을 영위하며 이를 점유, 사용하고...

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