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(영문) 서울고등법원 2017.07.20 2016나2041591
건물명도
Text

1. Following the amendment and reduction of the purport of the claim by this court, the judgment of the first instance is modified as follows.

Reasons

1. Basic facts

A. On April 19, 2006, the Dispute Resolution Co., Ltd. is the executor of the construction work of building B located in Jung-gu, Seoul and seven lots (hereinafter “instant building”). Around April 19, 2006, the registration of ownership is completed with respect to the total of 77 stores in the 117 stores located in the 7th floor of the said building and the total of 77 stores in the 51st attached Table 2. (hereinafter “7 stores in the instant building”).

(b) The new World Construction Bank Co., Ltd. has not paid the construction cost to the new World Construction Bank Co., Ltd.

In this regard, the KCAD Co., Ltd. transferred preferential rights to some stores including 77 stores among the buildings in this case to the KCAD Construction Co., Ltd.

C. On June 19, 2006, the Plaintiff completed each registration of the transfer of ownership on the 26 stores listed in the 117-story list of the 7-story of the instant building based on trust.

On the other hand, with respect to the 51 stores listed in the list of "Attached 2" among the buildings of this case, the registration of transfer of ownership in the name of the plaintiff was completed on June 19, 2006, and each registration of transfer of ownership was completed under the name of each truster (the number of buyers of the relevant store seems to be the number of buyers of the relevant store).

After that, the plaintiff completed the registration of transfer of ownership on October 14, 2008 for 51 stores listed in the above attached Table 2.

E. From February 1, 2012 to January 31, 2017, the term of lease between the Plaintiff, the New World Construction Co., Ltd. and the Defendant shall be from February 1, 2012 to January 31, 2017. As to the 26 stores listed in the “Attachment 1” list, “total amount of rent: 76,493,00 won, and the aggregate of monthly rent: 9,834,400 won (value-added tax separate)” in Article 2 of the “monthly rent of KRW 19,273,300” in the evidence No. 5-1 (Lease Contract) of the above “No. 51 store listed in the “Attachment 2” list, and each of the above lease agreements shall be deemed to be a clerical error in the monthly rent of KRW 9,834,400, and KRW 149,905,900, monthly rent of KRW 19,2300, respectively.”

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