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(영문) 부산지방법원 2019.07.23 2018가단21421
건물명도
Text

1. The defendant points out each of the following items 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 18, 1996, the Defendant entered into a lease agreement with D, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), setting the lease deposit amount of KRW 6,00,000, monthly rent of KRW 40,000 (hereinafter “instant lease agreement”) on the part (A), 15.43 square meters (hereinafter “instant store”) in the ship (a) connected each point of the instant real estate, in sequence 1, 2, 3, 4, 1, and 15.43 square meters, which was successively connected each point of the instant real estate (hereinafter “instant lease agreement”).

B. The Defendant: (a) leased the instant store; and (b) implicitly extended the contract for business (E) at the same time; and (b) the Plaintiffs purchased the instant real estate from D around June 26, 2018, and then the same year.

8. 28. Busan District Court's Busan District Court's registration of transfer of ownership No. 4446, each half of which was completed.

C. On September 14, 2018, the Plaintiffs sent to the Defendant a certificate of content stating, “As the instant building is newly constructed and used after removing the building, the Plaintiffs notified the termination of the instant lease due to the lack of intent to extend the instant lease agreement. Therefore, the Plaintiffs sent a certificate of content that “to voluntarily surrender the said building until the end of December, 2018, which is three months after the date of receipt of the certificate of content.”

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to deliver the instant store to the Plaintiffs, barring any special circumstance, as the instant lease was terminated on December 18, 2018 (or December 31, 2018, the period for which the Plaintiffs were postponed) expires.

B. (i) The Defendant’s assertion regarding the Defendant’s assertion is based on the condition that the Plaintiffs acquired the ownership of the instant real estate and paid KRW 350,000,000,000, which was previously paid (in the case of the first lease agreement, KRW 400,000,000, which was agreed upon at KRW 500,000,000).

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