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(영문) 의정부지방법원고양지원 2016.09.29 2015가단13082
건물명도
Text

1. Upon the primary claim, the Defendants indicated the attached Form No. 1 and No. 1 on the first floor of the real estate listed in the attached Form No. 1.

Reasons

1. On December 27, 2012, D entered into a lease agreement with the Defendants on a deposit basis for lease of KRW 5 million, monthly rent, and rental period of KRW 500,00,00,00,00 for the leased portion of 73 square meters in order to connect each point of (A) part of (5), 6, 7, 8, and 5 of the attached drawing among the real estate in the attached list 1st century, which was connected in sequence 1,2,3,4, and 1 of the attached drawing among the real estate in the attached list, and each point of (b) part (b) of (5,6, 7, 8, and 5 of the attached drawing among the real estate in the attached list, and the Defendants are running a business from that time to December 31, 2014 (hereinafter “instant lease agreement”).

D around October 20, 2014, around October 20, 2014, the Defendants sent content-certified mail to the effect that once the period of the instant lease agreement expires, delivery of the instant building to the Defendants, and around that time, the said mail reached the Defendants.

D filed the instant lawsuit against the Defendants, seeking delivery of the instant building due to the termination of the lease agreement. During the course of litigation, the Plaintiff purchased the instant building from D and notified the Defendants of all rights related to the instant building including the right to request delivery of the building against the Defendants. Accordingly, the Plaintiff participated in the lawsuit, and D withdrawn from the lawsuit.

[Ground of recognition] Facts without dispute, Gap 2, 4, 6, 13 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the plaintiff succeeded to the status of the lessor as to the building of this case from D or acquired the right to claim the return of the object under the lease agreement. Since the lease contract of this case has expired due to the expiration of the termination, the defendants are obligated to deliver the building of this case to the plaintiff, the successor to the status of the lessor

B. The defendant's assertion is based on the leased forest land, which was originally E, from the Seoul State Forest Administration Office.

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