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(영문) 서울북부지방법원 2017.07.04 2017가단104658
건물명도(인도)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be acknowledged in light of the purport of the whole pleadings in each of the statements Nos. 1, 2-1, 2, 3-1, 3-2, and 3-2. A.

E obtained a building permit on September 9, 2013, and completed registration of preservation of ownership on January 23, 2014 after obtaining approval for the use of the building on January 23, 2014.

B. On March 9, 2015, the Defendant concluded a lease agreement between E and E on the condition that the deposit for lease is KRW 50 million for the building, the period of two years until March 13, 2017, and the monthly rent of KRW 2 million for the building, and possession and use it after the payment of the deposit for lease.

C. The Plaintiffs purchased the above land and buildings from E on June 21, 2016 and completed the registration of ownership transfer on August 16, 2016, respectively.

2. Judgment on the main claim

A. On August 16, 2016, the plaintiffs asserted that they would remove and construct the above building on or around March 2017, which is the expiration date of the above lease agreement, the plaintiffs demanded the defendant to conduct business until that time, and thereafter to issue an order.

In addition, after August 16, 2016, the defendant did not pay three or more vehicles.

Therefore, Article 10(1)1 of the Commercial Building Lease Protection Act provides, “The fact that the lessee is in arrears with the amount equivalent to the rent for the third period,” and Article 10(1)7 of the same Act provides, “Where the lessee needs to recover possession of the building for the purpose of removing the whole building due to any of the following causes,” and the Plaintiffs refused the request for renewal of the above lease agreement. Therefore, the Defendant is obligated to order the said building and deliver the said land to the Plaintiffs.

B. In full view of the purport of the entire pleadings in each of the statements No. 1-1-3 and No. 2-1-3 of the evidence No. 1-2, the defendant on September 19, 2016 to the plaintiffs on September 1, 2016.

2. Although letters were sent in both 12 and 12., it was impossible to pay rent because the account number was not known.

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