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(영문) 수원지방법원 2015.10.08 2014나20773
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. A. Around May 2004, non-Party C and non-six (1) leased the instant real estate to the Defendant at KRW 1,000,000 per annum (the rent shall be paid in advance at the beginning of each year’s lease term) and the lease period from May 31, 2004 to 24 months.

Even after the termination of the above lease agreement, the Defendant continued to use and benefit from the instant real estate even after the expiration of the lease agreement, and the said parties again concluded a lease agreement to lease the instant real estate with the period from May 31, 2007 to May 24, 2007 under the same condition (hereinafter “instant lease agreement”).

(2) On November 13, 2013, the Plaintiff purchased the instant real estate and completed the registration of ownership transfer on November 15, 2013, and succeeded to the lessor’s status of the instant lease agreement.

(3) The Defendant continued to use the instant real estate without paying an annual rent from January 201, and owned the instant vinyl house on the ground.

(4) On April 1, 2014, the instant complaint stating that the instant lease agreement was terminated by the Defendant’s two or more years of delay, was served on the Defendant on April 1, 2014, and the Defendant received the said lawsuit documents around May 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, facts with merit in this court, the purport of the whole pleadings

B. According to the above findings of determination, the instant lease agreement was explicitly renewed under the same condition, and the Defendant did not pay the annual rent after May 31, 201, and thus lawfully terminated by the Plaintiff’s notification of termination. Thus, barring any special circumstance, the Defendant, barring any special circumstance, issued the Plaintiff the instant vinyl, delivered the instant real estate, and issued the instant real estate at the rate of one million won per annum from May 31, 201 to the delivery date of the instant real estate.

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