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(영문) 수원지방법원성남지원 2019.01.25 2018가단7060
건물인도
Text

1. The defendant shall deliver buildings listed in the separate sheet to the plaintiffs.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Basic Facts

- On April 6, 2016, D leased a building listed in the attached list (hereinafter referred to as “instant building”) to the Defendant with a deposit of KRW 20,000,000, and a lease period of KRW 6, 200 from April 6, 2016 to April 5, 2018 (hereinafter “instant lease contract”). The Defendant is transferred the instant building from D and resides until now.

- The Plaintiffs purchased the instant building from D on April 17, 2017, and completed the registration of transfer of ownership in the name of the Plaintiffs on July 3, 2017, the Suwon District Court (Seoul District Court Branch Branch Decision 28240, July 3, 2017), with respect to the instant building. The Plaintiffs succeeded to the lessor’s status of the instant lease agreement.

[Ground of recognition] The fact that there is no dispute, the entry of Gap's evidence No. 1, and the judgment on the ground of claim as to the purport of the whole pleadings is apparent in fact that the lease contract of this case has expired on April 5, 2018. Thus, the defendant is obliged to deliver the building of this case to the plaintiffs.

The Defendant asserted that the lease contract of this case was not terminated since the lessor D agreed to guarantee the lease period to the extent that the Defendant wishes, while entering into the lease contract of this case, but the lease contract (Evidence A 1) prepared by D and the Defendant in entering into the lease contract of this case stipulated the lease period from April 6, 2016 to April 5, 2018. Thus, the Defendant did not present any counter-proof evidence to deny the contents of the disposal document. Thus, the above argument by the Defendant is without merit.

In conclusion, the plaintiffs' claims of this case are accepted with merit.

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