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(영문) 수원지방법원 2016.03.24 2015가단137967
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant, on March 28, 201, indicated in the separate sheet (hereinafter “instant building”) (hereinafter “instant building”).

(2) On February 4, 2014, the Defendant concluded a lease contract with B and the instant building on March 28, 2014 through March 28, 2015, and concluded a lease contract with B to use it again on February 19, 2013. (2) The Defendant occupied and used the said building by concluding a lease contract (hereinafter “instant lease contract”) with the term of lease from March 28, 2014 to March 28, 2015.

3) On February 2, 2015, B sent a written notification to the Defendant stating that “A person intends to terminate the contract with the maturity of the instant lease agreement and sell the instant building” by content-certified mail, and the said written notification was served to the Defendant around that time. (4) On July 23, 2015, the Plaintiff obtained a modified approval for the housing construction project plan regarding the number of parcels 180, both the building site of the instant building, including the building site of the building.

The Plaintiff purchased the instant building from B on May 28, 2015 and completed the registration of ownership transfer on September 23, 2015.

[Reasons for Recognition] The facts without dispute, entry of Gap 1 through 6 (including branch numbers in the case of additional number), the purport of the whole pleadings

B. According to the facts found above, the instant lease agreement terminated on March 28, 2015, and the Defendant is obligated to deliver the said building to the Plaintiff, the owner of the instant building, as the expiration of the period.

2. Judgment on the defendant's assertion

A. The content of the instant lease agreement is governed by the Commercial Building Lease Protection Act, and the Defendant notified the B of his/her intent to renew the contract on or before January 2015, which was one month prior to the termination of the contract.

The Defendant is paid the compensation for the goodwill incurred in operating the restaurant in the instant building or the beneficial expenses incurred in the instant building.

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