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(영문) 서울중앙지방법원 2019.12.12 2018가단5201668
건물명도(인도)
Text

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

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On November 16, 2017, E entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the following: (a) a deposit of KRW 5 million; (b) a monthly rent of KRW 450,000; and (c) a lease agreement between December 1, 2017 and November 30, 2018; (b) Defendant D and the instant building, as well as KRW 50,000,00,000,000,000,000,000, monthly rent of KRW 450,000; and (d) a lease agreement between December 10, 2017 and December 31, 2018.

(hereinafter the above two lease agreements are “each of the instant lease agreements”). B.

E entered into a contract to sell the instant building with the Plaintiffs on March 21, 2018, and completed the registration of ownership transfer on June 15, 2018 to the Plaintiffs.

C. The Defendants completed business registration of each of the instant buildings in F, G, and H at the beginning of the lease term of each of the instant lease agreements, and occupied and used them after being transferred.

The Defendants notified the Plaintiffs on October 16, 2018, prior to the expiration date of each of the instant lease agreements (the Defendant Company), October 25, 2018, and October 16, 2018 (Defendant D) that each of the instant lease agreements would be renewed by content-certified mail, and each of the instant notifications sent to the Plaintiffs on October 18, 2018 (the Defendant Company) and October 18, 2018 (Defendant D).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, 7 through 9, and the purport of the whole pleadings

2. The plaintiff's assertion

A. On December 6, 2014, a fire occurred in the instant building, and E concluded with the Defendants to terminate each of the instant lease agreements with a view to safely constructing the instant building, and to deliver the said F, G, and H by March 15, 2018.

Therefore, according to the above agreement, the defendants deliver the above subparagraphs F, G, and H to the plaintiffs.

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