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(영문) 서울서부지방법원 2019.01.30 2018가단9053
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 30, 2015, the Defendant leased the instant office from Nonparty C with the lease deposit of KRW 10,000,000, monthly rent of KRW 700,000, and the lease term of KRW 24 months from May 26, 2015 to May 26, 2017 (hereinafter “the lease contract of this case”), and around that time, paid KRW 10,00,000 to C with the lease deposit of KRW 10,00,00,000 to the present day.

B. The instant lease contract was explicitly renewed between the Defendant and C, and was maintained after the said lease term.

C. On February 28, 2018, the Plaintiff and Nonparty D received the registration of ownership transfer from C on the instant building and its location.

(1/2 shares) d.

On April 19, 2018, the Plaintiff sent to the Defendant a letter verifying that the instant lease agreement expired on May 26, 2018, and that the extension of the contract was impossible for reconstruction due to the deterioration of the instant building. The Plaintiff reached the Defendant around that time.

E. On December 21, 2018, the Defendant returned the instant office to the Plaintiff, and received KRW 10,000,000 from the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5 (including each number), the purport of the whole pleadings

2. Comprehensively taking account of the facts acknowledged under paragraph (1) of the decision, the Plaintiff had already received the instant office from the Defendant prior to the closing of argument, and the Plaintiff’s claim seeking the delivery of the instant office is no longer reasonable and dismissed. It is so decided as per Disposition.

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