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(영문) 부산지방법원동부지원 2015.10.08 2015가합204
건물명도
Text

1. At the same time, the defendant receives KRW 350,000,000 from the plaintiffs, and at the same time, written in the attached list to the plaintiffs.

Reasons

1. Basic facts

A. On April 9, 2001, the Defendant leased from D, Busan Shipping Daegu, 327 square meters (the real estate stated in paragraph (1) of the attached list due to the merger on July 6, 2001) and its ground buildings, and operated the automobile maintenance business with the trade name “F” at the same time.

After G donated on February 2, 2005 the real estate listed in the separate sheet (hereinafter “instant real estate”) from D on December 19, 2007, the Defendant leased the instant real estate from G on the condition that deposit amount of KRW 20,000,000, annual rent of KRW 15,000,000, and the lease term of KRW 24 months for the lease period. On December 23, 2009, the Defendant changed the lease term of KRW 350,000,000, the lease term of KRW 350,000,000, and from December 23, 2009 to 120 months.

(hereinafter referred to as “instant lease agreement”). B.

The Plaintiffs purchased the instant real estate from G in KRW 1,840,00,000 (hereinafter “instant sale”), and agreed to deduct loans and deposit for lease from the purchase price, and completed the registration of ownership transfer in the names of the Plaintiffs on May 20, 2014.

After that, the Plaintiffs demanded the Defendant to deliver the instant real estate on the ground that they are new owners of the instant real estate and are expected to be newly constructed after removing the existing building.

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts as seen earlier prior to the determination of the cause of the claim, the Defendant, who possesses the instant real estate, has a duty to receive KRW 350,000,000 from the Plaintiffs, and at the same time, to deliver the instant real estate to the Plaintiffs, the owner of the instant real estate, unless there are special circumstances.

B. The defendant's assertion and its determination are the lessee since the defendant succeeded to the status of the lessor under the instant lease agreement at the time when the plaintiffs purchased the instant real estate from G.

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