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(영문) 청주지방법원 2018.10.12 2018가단23476
건물명도(인도)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 1, 2013, E entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 600,000,000, and the lease period from February 28, 2013 to February 27, 2018, with the content that the lease agreement was concluded between the real estate listed in the attached list of E (hereinafter “instant building”) as indicated in the attached list of E (hereinafter “instant building”).

B. The Plaintiffs purchased the instant building from E on January 12, 2014, and completed the registration of ownership transfer for each of 1/2 shares of the instant building on February 19, 2014 due to the said sale, and succeeded to the status of the lessor under the said lease agreement.

(hereinafter) The instant lease agreement between the Plaintiffs and the Defendant C is deemed to have been concluded.

Plaintiff

A, between F and F on July 18, 2016, the Plaintiff drafted to F a lease agreement with the effect that the instant store was leased by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 600,000,000 from July 25, 2016 to February 27, 2018, and the F operated the car page at the instant store from July 25, 2016 to September 2016.

Plaintiff

On September 20, 2016, A entered into a lease agreement with Defendant D on the condition that the Plaintiff’s store of this case is KRW 20 million, monthly rent of KRW 600,000,000 from September 20, 2016 to February 27, 2018, and Defendant D operated the car page at the instant store from September 20, 2016 to September 20,.

E. On December 4, 2017, Plaintiff A sent to Defendant D a notice of termination of the lease agreement to the effect that the lease term under the lease agreement on the instant store is expired on February 27, 2018, and that the instant store is delivered to Defendant D on December 5, 2017.

F. Accordingly, on December 6, 2017, Defendant D is up to September 19, 2021, which was five years from September 20, 2016, the date when the lease contract between Defendant D and the Plaintiff was concluded between Defendant A and the Plaintiff.

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