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(영문) 대구지방법원 2017.08.10 2015가단40170
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, among the real estate listed in the attached Table No. 1, 2, 3, and 4.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The real estate listed in the attached Table C (hereinafter “instant real estate”) shall be the non-party’s net C

) On November 17, 1978, the former owner Nonparty D had made registration of preservation of ownership on the splate roof of reinforced concrete building constructed on the instant real estate surface, which was 330 square meters of a single-story warehouse.

B. On April 11, 2008, Nonparty D completed the registration of ownership transfer on the ground of inheritance by a division in consultation on November 23, 2003 with respect to the area of 330 square meters of the above single-story warehouse.

C. On April 30, 2008, the above 330 square meters of a single-story warehouse was changed to 330 square meters of an indoor golf range.

On December 2, 2010, the Defendant entered into a lease agreement with Nonparty D on a monthly rent of at least one million won, without a lease deposit, on the (A) section of reinforced concrete splate roof indoor golf driving range (hereinafter “instant golf driving range”) which connects each point of the attached drawings Nos. 1, 2, 3, 4, and 1 among the instant real estate with Nonparty D in sequence.

E. On May 21, 2014, the Plaintiff purchased the entirety of 568 square meters in Cheongdo-gun E warehouse sites among the instant real estate, 331/778 square meters in F warehouse sites, and the instant golf practice range on June 13, 2014, respectively, and completed the registration of ownership transfer on June 13, 2014.

F. On July 10, 2014, the Plaintiff entered into a lease agreement between the Defendant and Nonparty D on the same content as the above lease agreement between the Defendant and Nonparty D with respect to the instant golf driving range without a deposit for lease, and the lease period was one million won for a year.

G. On June 15, 2015 and July 14, 2015, the Plaintiff notified the Defendant that the request for the delivery of the instant golf driving range and the renewal of the lease contract should be made if the lease term expires.

H. The lease contract between the Plaintiff and the Defendant on the instant golf practice range was terminated on July 10, 2016.

I. The appraised value of the premium as of May 1, 2016 on the instant golf driving range is KRW 118,724,00 =.

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