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(영문) 대구지방법원 2016.06.02 2015나12367
건물명도등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed registration of ownership preservation on May 24, 2012 with respect to the instant building.

The defendant is a company established on November 5, 2013 for the purpose of automobile rental business, etc.

B. On January 10, 2014, the Plaintiff and the Defendant concluded the instant building with a lease contract fixed from January 10, 201 to January 10, 2015 (hereinafter “instant lease contract”), including a lease contract term of KRW 10 million, monthly rent of KRW 700,000,000 from January 10, 2014 to January 10, 2015 (hereinafter “instant lease contract”), and the lease contract was not prepared.

C. On September 19, 2014, the Plaintiff sold the instant building to B. D.

On September 20, 2014, the following day, the Plaintiff drafted a lease agreement with the Defendant, and the details thereof are the same as the lease agreement that was concluded orally on or around January 10, 2014, but as a special agreement, the Plaintiff stated as follows: “The lessee may not raise any objection and transfer it to the lessee immediately.”

(hereinafter referred to as “instant special agreement”). (e)

On January 2, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that “The term of the lease contract was terminated, and the instant building was transferred immediately at the time of sale, and thus, the Plaintiff was served by the Defendant at that time.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence Nos. 4 and 5 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The instant lease agreement expired on January 10, 2015, and the Plaintiff’s refusal to renew the instant lease agreement was terminated on September 20, 2014, November 3, 2014, and January 2, 2015, and thus, the Defendant should deliver the instant building to the Plaintiff. (2) As the Plaintiff sold the instant building, the Defendant must deliver the instant building in accordance with the instant special agreement.

3. The instant lease contract is not terminated.

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