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(영문) 인천지방법원부천지원 2015.09.18 2015가단109760
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 5, 11, 12, 13, and 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who newly constructed a building listed in the attached list (hereinafter “instant building”) around August 1980 and completed registration of initial ownership of the instant building on December 18, 200.

B. On June 15, 201, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 10,000,000, monthly rent of KRW 50,000, and the period from June 29, 2011 to 36 months (hereinafter “the first lease agreement”) regarding the portion of the portion of the portion of the portion in the ship (a-1) connected in order to each point of approximately 10,00,000, out of the 1st floor of the instant building on the following grounds: (a) the lease agreement was concluded for the period from June 29, 201 to 12, 3,4, 13, and 12, in sequence, among the items in the separate floor of the instant building on the first floor; and (b) the lease agreement was concluded for each point of approximately 9,00,000,000, monthly rent of KRW 50,000, May 25, 2012.

C. From January 25, 2012 to the date of the completion of the instant pleadings, the Defendant occupied the aforementioned (A-1) and (a-2) as well as the (a) part of the attached drawings, without any distinction, and engaged in the business of saving steel products.

On December 30, 2014, the Plaintiff sold the instant building and its site to Nonparty C in KRW 2,100,000,000, while paying the remainder KRW 1,450,00,000 when the Plaintiff receives all the delivery from the lessee of the instant building, and entered into a sales contract with the Plaintiff to transfer ownership in a state where the Plaintiff was removed from all the burden hindering the complete exercise of ownership, and received KRW 300,000,000 as a contract bond from C on the same day.

E. C concluded a sales contract to remove the instant building after purchasing the instant building and its site, and to construct a new building.

F. On May 4, 2015, the Defendant sent to the Plaintiff a content-certified mail containing an intent to renew the first lease agreement and carried out the same month.

7. Upon arrival, on May 21, 2015, the Plaintiff sent a content-certified mail that contains the intent to refuse to renew the lease contract to the Defendant.

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