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(영문) 부산지방법원동부지원 2017.10.17 2016가단218241
건물명도
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim No. 1, the Plaintiffs shared 1/2 shares of the real estate stated in the separate sheet (hereinafter “instant store”) and the Defendants can recognize the fact that the instant store is occupied. Thus, the Defendants are obliged to deliver the instant store to the Plaintiffs, barring any special circumstance.

2. The defendants' assertion and judgment

A. On April 5, 2014, the Defendants asserted that they concluded a lease agreement with E, the former owner of the instant store, to lease the store until April 5, 2019, and the completion date of the contract was not yet arrived.

B. In fact, on April 30, 2007, Defendant C leased real estate indicated in the attachment from E, the owner of the instant store, as KRW 50,00,00,000, monthly rent of KRW 1,70,000, and the period from April 30, 2007 to April 29, 2010. After that, Defendant C, the spouse of the Defendant C, filed an application for the registration of business with the location of the instant store, which was accepted on August 17, 207, the Defendants leased the instant store from E on April 27, 2010 to KRW 70,00,000, monthly rent of KRW 1,80,000, and from May 1, 2010 to the date of renewal of the lease agreement, the Defendants leased the instant store from E to the date of renewal of the lease agreement.

3) The Defendants: (a) decided on April 5, 2014 that the instant store was leased between E and KRW 140,000,000, monthly rent KRW 900,000, and the period from April 5, 2014 to April 5, 2019; and (b) concluded a lease agreement under the instant lease agreement with E (hereinafter “instant lease agreement”).

4) On October 27, 2014, E completed the registration of ownership transfer based on sale on February 27, 2014 for each of the instant stores to the Plaintiffs.

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