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(영문) 대구지방법원 2018.05.10 2018가단102666 (1)
건물명도(인도)
Text

1. The defendant is the plaintiff, among the real estate listed in the attached list No. 2 of the annexed list No. 7, 74 square meters in a steel structure in the underground room and 74 square meters in a dry.

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established to promote a housing construction project in accordance with the Housing Act and its Enforcement Decree by making the Daegu Suwon-gu E Project Implementation District as a project implementation district.

B. On August 23, 2017, the Plaintiff entered into a sales contract with the Codefendant B (hereinafter “B”) on each of the real estate listed in the separate sheet owned by B (hereinafter “instant land”; the real estate listed in paragraph (2) is referred to as “instant building”; and the total purchase price of the instant land and buildings is KRW 1,550,000,000; accordingly, the Plaintiff completed the registration of the transfer of ownership in the Plaintiff’s name as to the instant land and buildings on December 1, 2017.

C. Meanwhile, on May 26, 2016, B concluded a lease contract between the Defendant and the Defendant, setting the lease deposit amount as KRW 2,00,000,000,000 per month, monthly rent as KRW 4,50,000,000 from May 26, 2016 to March 25, 2017 (hereinafter “instant lease contract”), and delivered the underground room among the instant buildings to the Defendant under the instant lease contract.

B and the Defendant extended the lease term of the instant lease agreement to March 25, 2018 on or around March 25, 2017, and the underground room among the instant building is currently in possession of the Defendant.

[Ground of recognition] Facts without dispute, Gap 2 and 5 evidence, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff demanded the renewal of the instant lease agreement on January 2018, but, as the instant land was incorporated into a road site for the implementation of a housing construction project under the Housing Act, the Plaintiff removed the instant building. As such, around February 6, 2018, the Plaintiff expressed his/her intent to reject the renewal by content-certified mail pursuant to Article 10(1)7 of the Commercial Building Lease Protection Act to the Defendant.

(e).

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