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(영문) 서울중앙지방법원 2018.06.19 2017가단5226042
건물명도(인도)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall have a total of 173 square meters of the real estate indicated in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On November 24, 2005, the Defendant: (a) set the lease deposit deposit amount of KRW 30,000,000, monthly rent of KRW 2,800,000 (the last day of each month, management fees, value added tax); (b) on November 23, 2007, leased the lease agreement up to November 23, 2007 (hereinafter “instant lease agreement”); and (c) sold coffee, coffee, beer, etc. with the trade name “F” and “F.”

Meanwhile, in addition to entering into a lease agreement with D, the owner of the instant store, the Defendant paid KRW 270,000 to the lessee of the instant store at least KRW 270,000 as facility costs and premiums, and acquired the business of the instant store.

Since then, the instant lease contract has been renewed every one year without preparing a separate contract, and the monthly rent was adjusted to KRW 2,600,000 from the date of the contract to the nearest point of view.

B. The Plaintiffs, on July 17, 2017, concluded a sales contract to purchase the instant building from D and completed the registration of ownership transfer as of September 15, 2017, succeeded to the lessor’s status as to the instant store portion.

C. On July 28, 2017, D, the former owner of the instant building, notified the Defendant of the refusal to renew the lease agreement, stating that “The lessor shall lease the instant building by the end of November 2017, and may not renew the lease thereafter.”

On September 21, 2017, immediately after acquiring the ownership of the building of this case, the Plaintiffs knew that the ownership has been changed to the lessee of the building of this case, including the Defendant, through a notice of “the occupant following the transfer of ownership”, and are pleasant within a prompt time.

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