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(영문) 대구지방법원 2017.11.01 2017나308895
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B shall state the indication of the attached real estate in the Plaintiff.

Reasons

1. Basic facts

A. A building indicated on the indication of attached real estate related to the ownership of the building (hereinafter “instant building”) was originally owned D. The Plaintiff purchased the instant building from D and completed the registration of ownership transfer on April 8, 2014.

B. Defendant B’s lease contract 1) D is the retail store of the first floor among the instant buildings to Defendant B on June 3, 2011 (hereinafter “instant retail store”).

(2) On April 8, 2016, the Plaintiff concluded a lease contract with Defendant B and the retail store of this case by setting the lease deposit amount of KRW 30,000,000 (value-added tax separate, KRW 8,000 on April 8, 2016) and the lease term from April 8, 2016 to April 7, 2017, after acquiring the ownership of the building of this case.

3) On November 24, 2016, the Plaintiff notified Defendant B that it would refuse to renew the instant retail store. On December 9, 2016, Defendant B sent the content-certified mail demanding the renewal of the instant lease agreement to the Plaintiff with the same content as the former lease agreement.

5) Defendant B occupied and used the instant retail store as a restaurant. (c) On February 17, 2012, Defendant C occupied and leased the instant retail store as the restaurant. (50,000 square meters (hereinafter “instant office”) of Class II neighborhood living facilities (office) of the first floor among the instant building to E (hereinafter “instant office”) from February 17, 2012, with the period from June 1, 2012 to May 31, 2014.

2) On April 8, 2016, after acquiring the ownership of the instant building, the Plaintiff entered into a lease agreement with the Defendant C, setting the lease deposit of KRW 20,00,000, KRW 1,360,00 per month of rent (excluding value-added tax, KRW 8 prepaid per month), and from April 8, 2016 to April 7, 2017, with regard to the instant office, from April 8, 2014 to July 8, 2014. Meanwhile, the Plaintiff entered into the lease agreement with the Defendant C by setting the lease deposit of KRW 20,00,00 per month of rent, KRW 60,00 per month of the instant office, and the lease term from July 8, 2014 to July 8, 2016.

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