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Reasons
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(영문) 수원지방법원 2016.07.12 2015가단30738
건물명도
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1. The defendant is paid KRW 100,000,000 from the plaintiff and at the same time, among the real estate listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 29, 2009, the Defendant concluded a lease agreement with C and C on the condition that “The term of lease may be extended by five years, and the rent shall not be increased” with the content that “the lease shall be extended by five years, and the rent shall not be increased” (hereinafter “instant store”) shall be KRW 100,000,000 from January 15, 201 to January 15, 2012.

(B) Since May 2013, the Defendant increased the rent to KRW 8,000,00 per month at the request of C.

The Plaintiff purchased the instant store from C on May 14, 2014 and completed the registration of ownership transfer on July 31, 2014.

C. On July 31, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the term of lease to KRW 100,000,000 for the instant store until July 30, 2016, and the Defendant’s lease from the Plaintiff (hereinafter “instant lease agreement”). The instant lease agreement states that “the term of the contract shall be valid at the time when the application for the settlement of the complaint is made.”

(hereinafter “instant special agreement”). D.

The Plaintiff filed a petition against the Defendant on July 31, 2016 against the instant store (this Court Decision 2014Da195, hereinafter referred to as the “instant case of filing a lawsuit”), which was concluded on April 21, 2015, to the effect that the instant store is to be received from the Defendant (this Court Decision 2014Da195, hereinafter referred to as the “instant case of filing a lawsuit”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 2-1, 2, Gap evidence 5, Gap evidence 7-1, Eul evidence 7-1, and the purport of the whole pleadings

2. The following circumstances, which can be seen by viewing the overall purport of the pleadings in each of the above recognition facts and evidence Nos. 4-3, evidence No. 4-6, evidence No. 7-1, and evidence No. 7-2, the Plaintiff purchased the instant store from the Defendant after purchasing it from C. In other words, the instant store from the Defendant.

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