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(영문) 서울서부지방법원 2020.05.07 2019나39489
건물명도(인도)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 30,000,000 won from the plaintiff's successor to the plaintiff.

Reasons

1. Basic facts

A. On July 3, 2013, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 30 million and the lease term of KRW 61 months from July 10, 2013 to August 9, 2018 (hereinafter “instant lease agreement”).

B. The relevant part of the terms of the instant lease agreement is as follows.

The land register is subject to seizure (the Yongsan-gu for the right holder), and the indemnity (the area occupied by the State is 18.8 square meters) is imposed on the land register. The lessee is a condition for remodeling at the expense of the lessee (including the removal of the occupied part of the G State-owned land in remodeling) in the current condition of the facility (including the removal of the occupied part of the G State-owned land in remodeling), and the whole expenses related thereto (including the profit-making expenses) are not claimed by the lessor on August 9, 2018 when the lessee becomes aware of the condition that he/she does not demand any reimbursement from the lessor.

1) On September 10, 2018, the Plaintiff entered into a sales contract for the instant real estate with the Intervenor succeeding to the Plaintiff. On October 5, 2018, the registration of ownership transfer for the instant real estate was completed under the name of the Intervenor succeeding to the Plaintiff, respectively, based on the purchase and sale of 1/2 shares in the name of the Intervenor succeeding to the Plaintiff. 2) The following are stipulated as the special terms of the said real estate sales contract concluded between the Plaintiff and the Intervenor.

At present, the lease deposit amount is KRW 30 million, and the lessee has the lease deposit, and the real estate is at the price of KRW 30 million, including the lease deposit, in the sale price, and the seller's right to take over the sale price, and the 18.8 square meters of the contract site area in possession of the building which was notified of all of the matters related to the lawsuit, are in use as owned by the Ministry of Strategy and Finance, and the total amount of the indemnity incurred each year shall be borne by the buyer.

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