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(영문) 서울북부지방법원 2018.08.21 2017가단137610
건물명도(인도)
Text

1. The defendants jointly indicate the plaintiffs on the attached list 1,2,3,4.

Reasons

1. Facts of recognition;

A. On October 31, 1998, Defendant C entered into a lease agreement with the end of October 31, 1998 by setting the lease deposit amount of KRW 4,50,000, monthly rent of KRW 950,00, monthly rent of KRW 950,00, and the term of lease from November 1, 1998 to October 31, 1999 with respect to the portion of the attached drawing indication 1,2,3,4,1 of the real estate indicated in the attached list (hereinafter “instant store”).

(hereinafter “instant lease agreement”). B.

The plaintiffs completed the registration of ownership transfer on September 26, 2016 with respect to the real estate listed in the separate sheet as the cause of inheritance around May 1, 2017 by the networkE's successors.

C. On May 13, 2017, the Plaintiffs notified Defendant C that the instant lease agreement will not be renewed.

On the other hand, Defendant D occupies the instant store.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion 1) The instant lease agreement was explicitly renewed on a one-year basis pursuant to the Civil Act and the Commercial Building Lease Protection Act, and was terminated on October 31, 2017 upon the Plaintiffs’ notice of rejection of renewal. Moreover, the network or the Plaintiffs did not consent to the sub-lease of Defendant D. Accordingly, upon the termination of the instant lease agreement on October 31, 2017, Defendant C is obligated to deliver the instant store to the Plaintiffs upon the request for exclusion of disturbance based on ownership. 2) If the instant preliminary assertion was a lease without a fixed period after the implied renewal, the instant lease agreement was lawfully terminated on November 13, 2017 after six months from May 13, 2017 when the Plaintiffs notified the Defendant C of the termination of the instant lease agreement.

In addition, the network E or the Plaintiffs do not agree to the sublease of Defendant D.

Therefore, following the termination of the instant lease agreement on November 13, 2017, Defendant C is subject to ownership.

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