(영문) 수원지방법원 2018.08.28 2017나17273

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(영문) 수원지방법원 2018.08.28 2017나17273

건물명도

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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. The Plaintiff’s assertion is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”). The Defendant is the lessee possessing the said real estate.

The Defendant’s lease contract on the instant real estate is reasonable as follows: (i) the Defendant delayed to pay the Plaintiff the rent for a period of not less than three months; (ii) the Defendant sub-leaseed the instant real estate to F without the Plaintiff; (iii) the Plaintiff agreed to change the termination date of the lease agreement with C which entered into with the Defendant prior to the purchase of the instant real estate to August 30, 2015; and (iv) the existing lease terms and conditions on the instant real estate are excessively unfair to the Plaintiff; (v) there is a need to re-determine the deposit and rent suitable for the market price, but the Defendant is refusing to renew the contract without any justifiable reason; and (v) the Defendant is unable to oppose the Plaintiff, the assignee of the instant real estate, or has no effect after the termination thereof, as the Defendant is obligated to deliver the instant real estate to the Plaintiff.

2. Determination

A. On April 1, 2015, the Plaintiff purchased each of the instant real estate, which is a commercial building, from C, and completed each registration of ownership transfer on April 20, 2015. The Defendant concluded a lease agreement with C on the instant real estate from April 1, 2015, which was the owner of the instant real estate from April 1, 2015, and thereafter possessed it until that time. According to the provisions of the said lease agreement, the fact that the lease deposit is KRW 600,00,000, the rent is not disputed between the parties, or that the fact that the rent is 200,000,000 won per month is not disputed between the parties, or that the content certificate submitted by the Plaintiff, a certified copy

(b) Murder, commercial buildings, etc.

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