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(영문) 부산지방법원동부지원 2017.05.11 2016가단18175
건물명도등
Text

1. The defendant against the plaintiffs

(a) deliver the real estate listed in the separate sheet;

(b) An annex from November 23, 2016 to the Schedule.

Reasons

1. Basic facts

A. On February 4, 2016, the Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant singing”) from Nonparty D and the same year.

3.3. Completion of the registration of ownership transfer, and D succeeded to the lessor’s status of a lease agreement entered into with the Defendant.

B. On November 23, 2006, the Defendant concluded a lease agreement with D and the instant singing room by setting the lease deposit of KRW 30 million, monthly rent of KRW 1.3 million, monthly payment date, and the lease period from November 23, 2006 to November 22, 2016.

C. The Plaintiffs purchased the instant singing room and notified the Defendant of the refusal to renew the lease.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, since the lease contract between the plaintiffs and the defendant on the instant singing room has expired, the defendant is obligated to deliver the instant singing room to the plaintiffs, and to pay the amount of money by the ratio of KRW 1,30,000 per month from November 23, 2016 to the date of delivery, which is equivalent to the rent, from November 23, 2016 to the date of delivery.

Although the Defendant asserts to the effect that the opportunity to recover the premium is guaranteed in the absence of monthly rent, it is no longer examined as there is no evidence to deem that the Plaintiffs interfered with the collection of the premium by the time the lease contract is terminated.

3. According to the conclusion, the plaintiffs' claims are accepted on the grounds of all the reasons.

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