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(영문) 부산지방법원 2015.04.03 2014가단39905
건물인도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. According to the judgment of Gap 1 through 4, and Eul 2 as to the cause of the claim, the plaintiff purchased each real estate listed in the separate sheet from C on February 27, 2014 (hereinafter "each real estate of this case") from the same year.

3. The fact that the registration of ownership transfer was completed on May 1, 2008, and the Defendant, from May 1, 2008, leased each of the instant real estate from C with a deposit of KRW 30 million, monthly rent of KRW 1350,000,000, and the term of lease from May 1, 2008 to April 30, 2013, upon the expiration of the term, may be recognized that the Defendant occupied each of the said real estate while operating the restaurant after holding office for the period from May 1, 2003 to May 1, 2013.

According to the above facts of recognition, the defendant is obligated to deliver each of the real estate of this case to the plaintiff who is the owner, unless there are special circumstances.

2. Judgment on the defendant's defense

A. Defendant’s assertion 1) The Plaintiff agreed with C to succeed to the Defendant’s lease relationship with C at the time of purchasing each of the instant real estate from C. According to the amended Commercial Building Lease Protection Act, the Defendant acquired opposing power, and even if he did not obtain opposing power, the Plaintiff may assert the right to demand renewal, even if he did not obtain opposing power.

B. Determination (based on the relevant number) 1) The evidence submitted by the Defendant alone is difficult to acknowledge the fact of the agreement as alleged in its assertion. Rather, according to the entries in Gap6, witness D’s testimony, and the purport of the entire pleadings, the Plaintiff presented the condition that the Plaintiff, at the time of purchase of each of the instant real estate by C, he/she should destroy the existing building and allow E to leave a new building. It stated that E should be subject to the settlement and display of deposit, etc. by the existing lessee (the Defendant is the settlement and display of deposit, etc.). The Plaintiff and E did not succeed to the lease agreement between C and the Defendant, but the lease deposit and monthly rent are the Plaintiff.

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