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(영문) 부산지방법원 2019.12.19 2019가합40143
건물명도(인도)
Text

1. The counterclaim claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2011, the Lessee entered into a lease agreement with C as between February 28, 2011, on the leased deposit amounting to KRW 50 million, monthly rent of KRW 1980,000, and February 28, 2015, with regard to the leased area of KRW 44 square meters (hereinafter “instant real estate”) connected each point in the attached Table 2, among the 1st floor of the buildings listed in the attached Table 1 (hereinafter “instant building”). The lease agreement was renewed several times as indicated below.

(hereinafter) The last lease contract indicated in the table No. 3 is “instant lease contract.” The monthly rent from February 28, 201 to February 28, 2015, KRW 1980,000,000 from March 1, 2015 to February 28, 2015, KRW 2.2 million from February 28, 201 to February 28, 201, KRW 2.2 million from February 25, 2017 to February 28, 2017, KRW 2.2 million from KRW 3.2 million from February 25, 2017 to February 28, 2019.

B. On June 13, 2018, the counterclaim Defendant concluded a sales contract for the instant building with C, and completed the registration of ownership transfer in its name on August 1, 2018.

C. On August 9, 2018, the counterclaim Defendant notified the Lessee that the instant lease agreement will not be extended since the instant building was to be removed and the construction of a new building would be planned.

[Ground of recognition] Facts without dispute, Gap evidence 1 and Eul evidence 1 and 12 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. On August 10, 2018, the counterclaim Defendant asserted that the instant real estate cannot be renewed several times against the counterclaim. On November 23, 2018, the counterclaim Defendant refused to enter into a lease agreement with the said Nonparty, a new lessee, even though the Plaintiff entered into a contract on the instant real estate with D on November 23, 2018.

The above actions by the counter defendant against the counter defendant.

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