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(영문) 서울중앙지방법원 2019.05.28 2018가단5279241
건물명도(인도)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 22, 2017, the Defendant leased all the first floor (hereinafter “the first floor of the instant building”) among the buildings listed in the attached Table (hereinafter “instant building”) from Nonparty D Co., Ltd. (hereinafter “D”), the former owner of the instant building, to KRW 150,00,000, monthly rent of KRW 9,000 (excluding value-added tax) and the lease period of KRW 150,000,00 from March 1, 2017 to February 28, 2019.

(hereinafter “instant lease agreement”). B.

The Plaintiffs, on April 20, 2017, purchased the instant building from D and completed the registration of ownership transfer on May 26, 2017, succeeded to the lessor’s status under the said lease agreement for the first floor of the instant building.

C. The instant building consists of the first and fourth above ground floors, and the first underground floor is the common area of the instant building, the purpose of which is the shelter and boiler room of which is the shelter and boiler room, and the second floor is used as the “F”’s business site leased by Nonparty E from before the Plaintiff’s lease.

On January 2019, the lease contract was terminated at the end of the end of the year, and the third floor is prior to the lease by the Plaintiff, G, and has been used as the office until then. The fourth floor was leased and used by the Plaintiff from April 17, 2017 to October 16, 2017, but is currently a public room.

The Defendant, while operating the cooling house by leasing the first floor of the instant building, obtained the consent or approval from the second floor and third floor lessees on the ground, installed the drain pumps facilities for the business of the lessee on the ground floor on the first floor, and installed the cooling and freezing facilities on the first floor, and occupies and uses them as the cooling and freezing storage up to now.

E. On October 12, 2018, the Plaintiffs expressed to the Defendant that they will not renew the instant lease agreement upon the termination of the instant lease agreement. On November 29, 2018, the Defendant expressed to the Plaintiffs pursuant to the main sentence of Article 10(1) of the Commercial Building Lease Protection Act.

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