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(영문) 부산지방법원 2014.09.26 2014나2461
건물인도 등
Text

1. Upon a claim for a change in exchange at the trial, the defendant is against the plaintiffs:

(a) Of the buildings listed in the separate sheet;

Reasons

1. Facts of recognition;

A. The Defendant concluded a contract on the lease deposit amounting to KRW 100,000,000, monthly rent of KRW 6,000,000, and the period from September 16, 2010 to September 15, 2013 (hereinafter “instant lease contract”) with the real estate (hereinafter “instant building”) indicated in the separate sheet, which is owned by the instant bank (hereinafter “the instant building”), among the real estate (hereinafter “instant building”), as indicated in the separate sheet, the ownership of the instant bank, for the lease deposit amount of KRW 243.96,00 and KRW 247.5,000 (hereinafter “instant lease”).

B. Under the instant lease agreement, the Defendant paid KRW 100,000,000 for lease deposit, and on September 16, 2010, the registration of the establishment of chonsegwon (hereinafter “right to lease on a deposit basis”) was completed with the Busan District Court’s Busan District Court’s receipt of the registry office of Busan District Court (100,000,000 for the instant building), from September 16, 2010 to September 15, 2013, with respect to the instant building, from September 16, 2010 to September 15, 2013.

C. After that, the Defendant received delivery of the leased portion of the instant case and operated a restaurant in the name of “F.”

Meanwhile, on July 23, 2013, the Plaintiffs purchased the instant building through the public sale procedure and completed the registration of ownership transfer each of 1/3 shares in the Plaintiffs’ future. On August 6, 2013, the Plaintiffs sent a written notification to the Defendant that “I wish to remodel the instant building and directly use it, and notify the Defendant that I would have no intention to renew the instant lease agreement with the Defendant. By the expiration date of the lease term, I deliver the leased portion of the instant building to the Plaintiffs, and deliver documents to cancel the registration of creation of the instant chonsegwon.” At that time, the Plaintiffs reached the Defendant.

E. However, the Defendant did not deliver the leased portion to the Plaintiffs even after the lease term expires, and the Plaintiffs filed the instant lawsuit against the Defendant on August 14, 2013.

(f).

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