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(영문) 대구지방법원 2020.09.17 2019가단150976
건물인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a reinforced concrete building of the first and third floors underground located in Daegu Suwon-gu D (hereinafter “instant building”).

B. The Defendants, as married couple, are jointly occupying the instant store, which is a commercial building, while operating the beauty room with the trade name “E” in the part (A) of 100.28 square meters (hereinafter “E”) connected in sequence with each of the items indicated in the separate drawings among the 1st floor neighborhood living facilities of the instant building among the 1st floor neighborhood living facilities of the instant building.

C. On November 20, 2015, the Defendants concluded a lease agreement with F, one of the co-owners of the instant building, setting the lease term of 24 months from December 10, 2015 to December 9, 2017, with the lease deposit of 15,00,000, monthly rent of 1,30,000 (Additional Tax) and began to possess and use the instant store.

At the time of termination of the initial lease contract, the Defendants concluded a modified lease agreement with the said F, which is once again between the said F and the lease period for the instant store from December 10, 2017 to December 10, 2019, and the lease deposit or monthly rent entered into a modified lease agreement with the same content as that of the previous.

(A) The monthly rent stated in the contract of document No. 1 is different from this, but the above contract seems to be a contract of false content).

On July 15, 2018 during the term of the above lease agreement, the Plaintiff purchased the instant building from G and F, a co-owner of the instant building, and acquired ownership after completing the registration of ownership transfer on August 31, 2018. Accordingly, the lessor status of the said modified lease agreement between F and the Defendants was succeeded to the Plaintiff as it is.

F. On September 7, 2018, immediately after acquiring ownership of the instant building and succeeding to the lessor’s status of the said modified lease agreement, the Plaintiff is expected to construct a new building after the removal of the instant building, since the instant building was worn out to the Defendants. As such, until December 30, 2018.

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