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(영문) 서울남부지방법원 2019.05.15 2018가단216845
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 20, 2013, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) leased a building listed in the separate sheet (hereinafter “instant building”) from C as KRW 25,00,000, and KRW 1,800,000 per month of rent (payment on November 30, 201), and extended the lease term by November 19, 2016 upon the final renewal of the said lease agreement by November 30, 2018.

(2) The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) purchased the instant building and its site from C on September 21, 2017, and succeeded to the status of the lessor of the instant lease agreement by completing the registration of ownership transfer on October 20, 2017. (c) During the instant lawsuit, the Plaintiff submitted a preparatory document on November 30, 2018, stating that “The instant lease agreement is terminated as of November 30, 2018, and the Plaintiff did not intend to renew the lease agreement,” and that “the delivery of the instant building is changed as of October 15, 2018,” and the said preparatory document reached the Defendant around that time.

On October 22, 2018, the Defendant concluded a premium contract with E to set forth KRW 69,00,000 for the instant building as KRW 69,00.

On October 30, 2018 and November 15, 2018, the Defendant provided the Plaintiff with a premium contract with E through content-certified mail, and arranged to conclude a lease contract by disclosing the self-sufficiency, business history, etc. of E, a new lessee.

E. On November 23, 2018, the Plaintiff notified the Defendant that it is difficult to conclude a lease contract with a new lessee because the instant building was worn out and planned to be removed and newly built.

F. The plaintiff E

When refusing to enter into a lease contract as described in the paragraph, the defendant reverses the premium contract with E that he/she would become a new lessee on December 4, 2018 and down payment.

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