logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.16 2018가단5183906
건물등철거
Text

The Defendants received each purchase price stated in the separate sheet from the Plaintiff and simultaneously received the purchase price from the Plaintiff.

(a) the annexed sheet;

Reasons

1. Basic facts

A. On April 18, 1975 and June 17, 1975, the Plaintiff completed the registration of preservation of ownership as to M&M 809 square meters and 4 square meters prior to N&M (hereinafter “instant land”).

B. A building attached to the instant land (hereinafter “instant building”) is constructed.

C. When NonpartyO died on or around September 1981, seven inheritors completed the registration of initial ownership relating to the building of this case on April 28, 1983. After inheritance, the Defendants jointly own the building as the final co-ownership shares as shown in the separate sheet.

Defendant J changed the purpose of the instant building into “general restaurant” on May 2007 with the consent of the Plaintiff and operated the restaurant up to now.

E. On December 31, 2014, the Plaintiff concluded a lease agreement for one year with Defendant J and the instant land, setting annual rent of KRW 4,788,00.

F. Defendant J paid each of the Plaintiff KRW 4,788,00, which is equivalent to annual rent as of December 5, 2016, November 13, 2017, December 11, 2018, and November 28, 2019.

[Evidence A] Evidence Nos. 1 through 15, Nos. 3 and 6

2. The assertion;

A. (i) Since the lease contract on the land of this case was terminated, the removal and removal of the building of this case is demanded.

In the event that the sales contract is established according to the defendants' request for purchase, the registration of ownership transfer, delivery, and eviction of the building of this case at the same time as the purchase price is paid.

B. (1) The Defendants’ (i) lease agreement is not terminated.

When the lease contract is terminated, the right to purchase the building of this case shall be exercised.

3. Determination

A. (i) The original lease term is until December 31, 2015.

However, after December 31, 2015, Defendant J operated the restaurant in the instant building, and the Plaintiff did not object to a considerable period of time. Thus, the lease contract was renewed.

However, the plaintiff's notice of termination of contract reached the defendant J on May 12, 2016, and six months have passed thereafter.

arrow