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Reasons
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(영문) 부산지방법원동부지원 2015.04.08 2014가단20839
건물명도 등
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1. The Defendants are three floors of reinforced concrete structure (refinite concrete roof) in Busan-gun, Busan-gun.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4 of the judgment as to the cause of the claim, F leased 1 and 2 of the instant real estate as KRW 30 million, monthly rent of KRW 2.2 million, and lease period of September 1, 201 to Defendant C for 36 months. The Plaintiffs purchased 1/2 shares of the instant real estate from F on June 25, 2012, and on July 13, 2012, the Plaintiffs purchased 30 million, monthly rent of KRW 2.6 million, and the Defendants purchased 1/2 shares of each of the instant real estate from Defendant C during the lease period of KRW 30 million from September 1, 201 to August 31, 2014, the agreement was concluded between the Defendants to occupy the instant real estate as the lease period of KRW 30 million and KRW 2.6 million from September 1, 2011 to August 31, 2014.

According to the above facts of recognition, the lease agreement between Plaintiff B and Defendant C was terminated on August 31, 2014. Thus, the Defendants, the possessor of the instant real estate, are obligated to deliver the instant real estate to the lessor or the Plaintiffs, the owner of the instant real estate.

2. Judgment on the defendants' assertion

A. Defendant C, on September 6, 2013, entered into a contract with Plaintiff B to renew the lease agreement on the instant real estate. Defendant C asserted that, pursuant to Articles 2(3) and 10(1) of the Commercial Building Lease Protection Act (amended by Act No. 12042, Aug. 13, 2013; hereinafter “Commercial Building Lease Protection Act”), the said lease agreement was renewed by July 7, 2014, as the said lease agreement was renewed by August 31, 2016.

B. On July 13, 2012, Plaintiff B leased the entire real estate of this case to Defendant C by setting the deposit amount of KRW 30 million, monthly rent of KRW 2.6 million, and the lease period from September 1, 201 to August 31, 2014, and thereafter on September 6, 2013.

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