logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.07.19 2015나10767
보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The building located in the Daejeon Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”) was owned by the Daejeon Special Metropolitan City, Seo-gu Seoul Special Metropolitan City Bus Common Airport Co., Ltd. (hereinafter “instant company”). On April 30, 2003, the registration of ownership transfer was completed on April 19, 2005 after the registration of ownership transfer was completed under the name of the Defendant on April 28, 2003. The registration of ownership transfer was completed on September 2, 2010 with D and E, and the registration of ownership transfer was completed on November 28, 2014 with F on the grounds of sale by voluntary auction.

B. On June 16, 2003, the Plaintiff entered into a lease agreement with the Defendant on a part of the second floor of the instant building and paid KRW 20 million to the Plaintiff. On June 16, 2003, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 200,000,000 (hereinafter “the lease deposit”) and the lease term from June 16, 2003 to December 31, 2003 (hereinafter “the lease agreement”).

C. Even after the expiration of the lease term, the said lease contract was terminated on February 23, 2015 upon delivery of the part possessed by the Plaintiff under the lease contract among the second floor of the instant building by the Daejeon District Court G real estate delivery order requested by the said F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. The Plaintiff entered into the instant lease agreement with the Defendant on November 28, 2014, the fact that F acquired ownership of the instant building on the ground of the claim, and the fact that the Plaintiff transferred the second floor of the instant building possessed by F on February 23, 2015 in accordance with the order to deliver real estate to F, as seen earlier.

Therefore, by transferring the instant building to F, the Defendant, a lessor, has the Plaintiff, a lessee.

arrow