(영문) 서울동부지방법원 2016.12.21 2015가단130985

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(영문) 서울동부지방법원 2016.12.21 2015가단130985

건물명도

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1. The defendant shall give order to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the first floor of the building listed in the attached list.

Reasons

1. Basic facts

A. On October 31, 2006, the Defendant entered into a contract with C, D, and E (hereinafter referred to as “C, etc.”) on setting the lease deposit amount of 19.83 square meters in the part inside the ship connected each point of the 1st floor of the instant building by C, etc. in sequence with C, etc. among the 1st floor of the instant building (hereinafter referred to as the “the instant store”), with the lease deposit amount of 20 million won, monthly rent of 1,400,000 won (excluding value added tax) and the lease term of 1,40,000 won from October 31, 2006 to October 31, 2007, and around that time, the Defendant paid the lease deposit amount to C, etc., and received the transfer of the instant store and used it to the present day, and thereby misleads the Defendant’s office of real estate brokerage, which is “real estate operation.”

B. On June 30, 2014, the Plaintiff purchased the instant building from C, etc., and completed the registration of ownership transfer on the instant building on August 19, 2014.

C. On August 27, 2014, the Plaintiff entered into a lease contract with the Defendant with the terms that the instant store was leased to the Defendant by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,400,00 (excluding value-added tax) and the lease term from August 20, 2014 to October 31, 2014 (hereinafter “instant lease contract”) and agreed that the Plaintiff succeeds to the lease term with C, etc., and the lease term is also succeeded to the lease term between C, etc.

Around February 10, 2015, the Plaintiff notified the Defendant of the instant lease term expires on October 31, 2015, and the Plaintiff plans to reconstruct the instant building. As such, the Plaintiff notified the instant store to deliver by August 30, 2015. Around July 31, 2015, the Plaintiff notified the Defendant of the request to deliver the instant store to the same effect by August 31, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Gap's 4-1 and 2, and the purport of whole pleadings

2. The facts of the determination as to the cause of the claim.

유사 판례

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