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(영문) 서울동부지방법원 2016.07.22 2016가단110520
건물명도
Text

1. The defendant is paid KRW 20,000,000 from the plaintiff and at the same time, among the first floor of the building indicated in the attached Table to the plaintiff.

Reasons

Facts of recognition

Attached Form

The registration of ownership preservation was completed on April 10, 1990 with respect to each one-fourth portion of the buildings listed in the list (hereinafter “instant building”) and thereafter C, D, E, and F on April 10, 1990, and thereafter C died, the registration of ownership transfer was completed in D, E, and F on March 31, 2004 with respect to each of the instant buildings up to March 31, 2004.

D On March 31, 2011, the instant building was leased to the Defendant with a lease deposit of KRW 20 million, monthly rent of KRW 1100,000,000, and the lease term of March 30, 2012, which was linked in sequence to each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the first floor of the instant building (hereinafter “instant store”).

The Plaintiff purchased the instant building from D, E, and F on June 30, 2014, and completed the registration of ownership transfer on August 19, 2014.

On August 27, 2014, the Plaintiff entered into a lease agreement with the Defendant with the terms that the Plaintiff leased the instant store to the Defendant by setting the lease deposit amount to KRW 20 million, monthly rent to KRW 1.1 million, and the lease term to March 31, 2015.

At the time of the conclusion of the lease contract above, the Plaintiff is obligated to return the deposit amount of KRW 20 million to the Plaintiff from D, and the Plaintiff needs to recover possession of the instant store in accordance with the removal or reconstruction plan of the instant building, the Plaintiff may refuse the request for renewal of the contract to the Defendant, and the Plaintiff notified the refusal of renewal of the contract at least one month before the expiration of the lease term, the lease contract was terminated on the expiration date of the lease term.

On January 13, 2015, the Plaintiff notified the Defendant of the refusal to renew the lease agreement, stating that “the lease agreement for the instant store shall not be extended any longer in accordance with the rebuilding plan for the instant building.”

[Grounds for recognition] Each of Gap 1-3, 4-1, and 4-2 and the purport of the whole pleadings.

According to the above facts of recognition as to the cause of claim, the store of this case is located.

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