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(영문) 서울고등법원(춘천) 2015.05.20 2014나2063
건물명도
Text

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

Paragraph (1) of the text of the judgment of the first instance.

Reasons

1. The Plaintiff’s possession of the instant building and the Defendants’ possession and deprivation against it

A. On December 12, 2012, the Plaintiff agreed to purchase the instant building at the auction procedure, and leased several real estate, including the instant building, to Defendant B, its owner, for six months from the 17th day of the same month to June 16, 2013, with the rent of KRW 7.5 million per month (six months in advance) and the lease period from June 17 to June 16, 2013.

(hereinafter referred to as “the first lease contract”). (b)

On December 6, 2012, the first U.S. Specialized Asset-Backed Company, the creditor of Defendant B, applied for a voluntary auction of the instant building at the original district court of Chuncheon. On December 6, 2012, the said court accepted this and decided to commence the auction procedure.

(H) On the 10th day of the same month, F reported a lien at the above auction procedure, and the Plaintiff acquired F’s lien on the 14th day of the same month.

C. On January 2, 2013, the Plaintiff completed business registration on the 1, 2, and 3th floor of the instant building with I, and operated a golf practice range, raina, and soup.

The plaintiff and defendant B shall immediately after the expiration of the period of the first lease agreement.

9. The agreement was reached to extend the period until 16.

(hereinafter referred to as “second lease contract”). (e)

Defendant B notified the Plaintiff of the expiration date of the second lease agreement on September 26, 2013. On October 16 and November 5 and 6 of the same year, Defendant B sent to the Plaintiff a written notice stating his intent to terminate the lease agreement on the ground of the breach of the contract terms and conditions, and reached all of that time.

F. Meanwhile, on December 10, 2013, Defendant B leased the instant building 1, 2, and 3 floors to Defendant D (hereinafter “Defendant Company”) by setting the lease period from December 10, 2013 to December 9, 2015, with the deposit amount of KRW 500 million, KRW 7.5 million per month (payment on January 1), and the lease period from December 10, 2013 to December 10, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 11, 12, and 13, Eul evidence Nos. 1, 2, and Eul evidence No. 3.

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