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(영문) 부산지방법원 2019.02.01 2018나53931
건물명도(인도)
Text

1. Of the part concerning the request for delivery of real estate recorded in the separate list of the judgment of the first instance, the following portion is ordered.

Reasons

1. Basic facts

A. On June 8, 2014, the Plaintiff entered into a contract with the Defendants to lease the instant real estate with the term of KRW 10 million, monthly rent of KRW 800,000,000, and the term of lease from June 8, 2014 to June 8, 2016 (hereinafter “instant lease contract”). The said lease contract was explicitly renewed on June 8, 2016.

B. On May 18, 2017, the Plaintiff entered into a contract with D to sell the instant real estate in KRW 730 million (hereinafter “instant contract”). On the same day, the Plaintiff received down payment KRW 80 million from D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the request for extradition

A. On May 18, 2017, the Plaintiff and the Defendants agreed to deliver the instant real estate to the Plaintiff by July 31, 2017, and the Plaintiff agreed to pay KRW 2 million to the Defendants by July 31, 2017. Accordingly, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

B) The instant lease agreement concluded between the Plaintiff and the Defendants expired on June 8, 2016, and at the time, the Defendant did not request the renewal of the lease, and the Plaintiff was notified of the termination of the lease as of May 19, 2017. Accordingly, the instant real estate lease agreement expired. Therefore, the Defendants have no obligation to deliver the instant real estate to the Plaintiff. (B) The Defendants did not agree on the termination of the instant lease. (b) The instant lease agreement did not have been notified by the Plaintiff, the lessor, from June 8, 2016, to June 1, 2017.

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