logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2019.08.13 2018나31269
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendants is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor completed the registration of initial ownership as to the fishing village fraternity established under Article 15 of the Fisheries Cooperatives Act, and the building indicated in the attached Form (hereinafter “instant building”) on April 18, 1994.

B. On August 30, 2012, the Plaintiff’s Intervenor entered into a lease agreement with Defendant B on the premise of KRW 7,000,000, monthly rent of KRW 300,000 with respect to the second floor of the instant building, and entered into a lease agreement with Defendant C on September 1, 2016 (hereinafter “instant lease agreement”). On September 31, 2016, the Plaintiff’s Intervenor entered into a lease agreement with Defendant C on the lease term of KRW 7,00,000, monthly rent of KRW 450,000 (hereinafter “instant lease agreement”).

On September 1, 2016, the above lease agreement states "the renewal date" in the front part of the date of preparation, and the tenant's name was deleted from two times after the former tenant's name was entered, and then the name of the defendant D is written, and the seal of the defendant D is affixed next thereto.

C. The Defendants are operating a restaurant in the name of “F” on the second floor of the said building (hereinafter “instant building”).

On September 29, 2017, the Plaintiff completed the registration of ownership transfer based on the sale on July 3, 2017 (hereinafter “instant sales contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Intervenor and the Defendants, the previous owner of the instant building, prepared the instant lease agreement as a renewal contract of the previous lease agreement. The Plaintiff asserted that the lease agreement was terminated upon the lapse of August 31, 2017 with the Defendants’ right to request renewal under the Commercial Building Lease Protection Act. Meanwhile, the Defendants seek delivery of the instant building against the Defendants. Meanwhile, in the first instance trial, the Defendants Company C were on September 1, 2016.

arrow