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(영문) 부산지방법원 2017.06.28 2016가합50095
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 30,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On April 2005, the Defendant leased from Nonparty D, the owner of the real estate indicated in the separate sheet, the first floor of which is 60.76 square meters (hereinafter “instant commercial building”) among the real estate indicated in the separate sheet, and registered as E and operated a pharmacy.

Around that time, the defendant paid D the lease deposit of KRW 30,000,000.

B. Around June 201, the Defendant entered into a new lease agreement (hereinafter “instant lease agreement”) with D on the condition that the instant commercial building is leased by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 700,000, and the lease period of KRW 31, 201.

C. While the instant lease agreement was renewed on a one-year basis, the Plaintiffs purchased the instant real estate from D, and succeeded to the lessor’s status under the instant lease agreement against the Defendant by completing the registration of ownership transfer on January 25, 2016 each 1/2 shares.

On July 15, 2016, which was six months before the expiration date of the instant lease agreement (the date of December 31, 2016), the Plaintiffs sent to the Defendant a content-certified mail to the effect that they refuse to renew the instant lease agreement, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 (including branch numbers, if any) and Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that the Defendant concluded the instant lease agreement with D and possessed and used the instant commercial building until now. The Plaintiffs succeeded to the lessor’s status under the instant lease agreement from D, and the instant lease agreement was terminated on December 31, 2016.

Therefore, the defendant is obliged to receive KRW 30,000,000 from the plaintiffs and deliver the commercial building of this case, which is the object of lease, to the plaintiffs.

B. The defendant's assertion.

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