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(영문) 서울중앙지방법원 2019.11.01 2018가단5132861
건물명도(인도)
Text

1. All the claims of the plaintiffs and the plaintiff's successor are dismissed.

2. The costs of lawsuit shall be the part resulting from the succession.

Reasons

1. Basic facts

A. On August 4, 2017, while holding a building on G and ground (hereinafter “instant commercial building”), the deceased F entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 40 million with respect to the 176.2 square meters of the instant commercial building on a deposit basis, KRW 3 million per month of rent, and the term of lease from August 4, 2017 to August 4, 2019 (hereinafter “instant lease contract”). The Defendant completed business registration on September 1, 2017, and occupied and used the instant commercial building upon delivery of the instant store.

B. The deceased F, on December 21, 2017, died on or around December 21, 2017, and the Plaintiffs, who were inheritors, completed the registration of ownership transfer for each of one-third shares of the instant commercial buildings on or around February 20, 2018 on the grounds of inheritance as of December 21, 2017.

C. On January 4, 2019, when the instant lawsuit was pending, the Plaintiffs sold the instant commercial building to the Plaintiff Intervenor. On January 30, 2019, after the Plaintiff Intervenor completed the registration procedure for transfer of ownership of the instant commercial building, the Plaintiffs submitted an application for succession to the instant court around May 24, 2019.

The Defendant notified the Plaintiff Intervenor who purchased the instant shopping district before June 26, 2019 and July 3, 2019, prior to the expiration of the instant lease agreement, that the Plaintiff demanded the renewal of the instant lease by content-certified mail, and the notification reached the Plaintiff Intervenor respectively on June 27, 2019 and July 4, 2019.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2-3, Eul evidence 1-4 (including each number of branches), the purport of whole pleadings

2. The Plaintiffs asserted that the determination of the Plaintiffs’ claim has a duty to deliver the instant store to the Plaintiffs, since the period of the instant lease agreement expires on August 4, 2019 after the expiration of the period.

The plaintiffs sold the commercial building of this case to the plaintiff intervenor and completed the registration of the transfer of ownership.

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