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(영문) 서울중앙지방법원 2015.06.25 2015가단9057
건물인도
Text

1. The defendant shall attach the attached Form 210.01 square meters among the 1st floor of the building indicated in the attached real estate list to the plaintiff (appointed party) and the appointed party C.

Reasons

1. Presumed factual basis

A. On January 10, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the part (a) on the ship on the order of the attached Table (hereinafter “instant building”) on the first floor among the buildings listed in the real estate list from D and E (hereinafter “instant building”), with the lease deposit of KRW 30 million, KRW 1750,000,000 per month, KRW 1750,000 per month, and the period from January 10, 2014 to January 9, 2015, and received delivery of the instant part of the building around that time.

B. On December 20, 2013, Plaintiff (Appointed) and Appointed C purchased the instant building from D and E, and on February 12, 2014, respectively, completed the registration of ownership transfer in the name of Plaintiff (Appointed Party) and Appointed C with respect to each of the 1/2 shares of the instant building.

C. On February 12, 2014, the Plaintiff (Appointed Party) and the Appointed C assumed all rights and obligations related to the lease of the instant building, including the instant lease agreement from D and E. D.

On December 8, 2014, the Plaintiff (Appointed Party) and the Selection C entrusted with the management of the lease, etc. of the building of this case by the Plaintiff (Appointed Party) and the Selection C notified the Defendant of the refusal to renew the said lease on behalf of the Plaintiff (Appointed Party) and the Selection C, and the said notification reached the Defendant on December 9, 2014.

[Reasons for Recognition] Gap 1 to 8 (including each number), the purport of the whole pleadings

2. The Defendant, on February 3, 2015, agreed to withdraw the lawsuit of this case against the Plaintiff (Appointed Party) and the Selected Party C, and thus, the lawsuit of this case is unlawful. However, there is no evidence to acknowledge this. Thus, the Defendant’s defense prior to the merits is without merit.

3. According to the above facts of determination as to the cause of the claim, since the instant lease contract was terminated on January 10, 2015 due to the expiration of the period of January 10, 2015, the Defendant has to the Plaintiff (Appointed Party) and the Appointed C.

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