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(영문) 서울고등법원 2017.11.16 2017나2027752
손해배상등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the party’s position 1) The Plaintiff is the Plaintiff’s factory site in Seocheon-gu, Seocheon-si Do, 358.6m2 and three-story factories on its ground (hereinafter “instant damaged factory”).

2) The Defendant, as the owner of the instant plant, is a person who is engaged in electronic parts, manufacture of apparatus, service business, etc. using the trade name “E” in the instant damaged plant. 2) The Defendant is a person who was the owner of the instant damaged plant and the instant building, which is the owner of the instant damaged plant, of the second floor factory and office, multi-Dong 2 storage and water level room and office, and factory (a multi-Dong dong dong dong dong dong dong dong dong dong dong, and the specific location of the instant damaged factory and the instant building is the same as the indication of the attached drawing).

B. 1) The second floor and the rooftop of the instant building were the former owner of the instant building, which was the ethic fluoral typhoid Co., Ltd. (hereinafter referred to as “ethic typhal typhato”).

A) Although the name of lessee under G lease agreement is H, a person who actually rents the second floor and the rooftop of the instant building appears to have operated a factory in the name of “I” appears to have been G. The lease deposit amounting to KRW 20,000,000, monthly rent of KRW 2,000,000, and the term of lease from October 2, 2013 to September 30, 2015 (hereinafter “instant lease agreement”).

(2) On May 16, 2014, the Defendant purchased the instant building on condition that he/she succeeds to the instant lease agreement from Estoo, and completed the registration of ownership transfer under the name of the Defendant on July 1, 2014. (2) After November 4, 2014, the Defendant filed a lawsuit against H for the removal of the instant building on the second floor and on the rooftop of the instant building and seeking delivery of the second floor and rooftop of the instant building on the ground that the contract was terminated due to the delayed payment of rent for at least two different periods of time, with H as of November 4, 2014.

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