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(영문) 수원지방법원안양지원 2019.11.27 2019가단107409
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the fourth floor of 163.20 square meters among the real estate listed in the attached list;

(b) 5,400,000 won;

Reasons

1. Basic facts

A. On March 20, 2009, D, the owner of the instant building, was designated and leased as KRW 163.20 square meters on the fourth floor (hereinafter “instant commercial building”) among the real estate listed in the attached Table (hereinafter “instant building”) to E on March 20, 209, deposit money of KRW 10 million from March 20, 2009 to March 19, 2014, and KRW 550,000 (including payment on March 30, value-added tax, and value-added tax; hereinafter the same shall apply) for rent monthly (hereinafter “the instant lease”). At that time, D received the deposit money and delivered it to E.

B. After entering into the instant lease agreement, E established the Defendant Company and sub-leaseed the instant commercial building to the Defendant Company, and operated the “F private teaching institute” in the name of the Defendant Company.

On the other hand, D consented to sublet the commercial building of this case to the defendant company by issuing a tax invoice in the name of the defendant company with the knowledge of these circumstances.

C. Since March 19, 2014, the term of lease of this case expired, the lease was implicitly renewed, and the deposit and the terms and conditions of rent were maintained without any changes in increase or decrease.

(E) On January 28, 2008, the first E set up and leased KRW 30 million from D to January 27, 2010, from January 28, 2008, from January 2008 to January 27, 2010, and operated the reading room at this place, while operating the reading room, the said commercial building was additionally leased and operated.

On March 18, 2015, the Plaintiff purchased the instant building from D and completed the registration of ownership transfer on June 5, 2015, and accordingly succeeded to the lessor status of the instant commercial building.

E. On January 12, 2017, the lease of this case terminated by the Plaintiff’s notice of termination of the contract on the ground of the delay in rent of at least three years E-C on at least three occasions.

F. After the termination of the instant lease agreement, E paid the Plaintiff the overdue charge until May 1, 2017.

G. The Defendant Company has, until now, carried out the commercial building of this case.

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