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(영문) 창원지방법원 2016.01.13 2015가단76588
건물명도
Text

1. At the same time, the Defendant received KRW 30,000,000 from the Plaintiffs, as well as to the Plaintiffs:

(a) Attached List No. 1.

Reasons

1. Facts of recognition;

A. On May 17, 2007, D and the Defendant (Lessee) concluded a lease agreement of KRW 30,000,000 with respect to the first floor of E-building No. 102 and KRW 51 square meters (hereinafter “No. 102 before subdivision”) on the following grounds: (a) on August 10, 2011, the lease agreement was renewed; and (b) on August 10, 201, the above 102 square meters (hereinafter “the instant building”) were divided into KRW 102,25.2 square meters (hereinafter “the instant building”) and KRW 102-1 and 25.8 square meters (hereinafter “102-1 building”).

B. Accordingly, D and the Defendant have maintained the above lease agreement only to the instant building, and the lease agreement which has been renewed at the last time (hereinafter “instant lease agreement”) is based on the following: (a) lease deposit KRW 30,000,000; (b) rent KRW 950,000 (excluding value-added tax); and (c) period from May 18, 2013 to May 18, 2015.

C. In order to secure the claim for the return of the lease deposit paid to D, the Defendant was granted the right to collateral security of KRW 30,000,000 with respect to 102, May 17, 2007, with respect to the instant building and the building of KRW 102-1, with respect to which the establishment registration of the right to collateral security was completed (hereinafter “registration of the establishment of the right to collateral security”).

After that, on April 18, 2014, the Plaintiffs succeeded to the lessor’s status of the instant lease agreement by completing the registration of ownership transfer on the grounds of sale as to each one/2 portion of the instant building.

E. On February 17, 2015, the Plaintiffs notified the Defendant of the refusal to renew the terms that “the lease agreement on the instant building was terminated on May 18, 2015,” and that “the request to restore the instant building to its original state and deliver it,” and the said notification reached the Defendant on February 24, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including various numbers), the purport of the whole pleadings

2. Determination as to the request for cancellation of the establishment registration of a building and the establishment of a neighboring mortgage.

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