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(영문) 창원지방법원진주지원 2017.10.27 2016가단38173
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 10,000,000 from the Plaintiff (Appointed Party, Counterclaim Defendant) and the Appointed C.

Reasons

1. Facts of recognition;

A. On February 3, 1995, the Selection E and net F completed the registration of ownership transfer on G site 207.9 square meters and H site 207.4 square meters (hereinafter “each of the instant lands”). On August 22, 1996, around August 22, 1996, the Plaintiff newly constructed real estate listed in the separate sheet (hereinafter “instant building”).

B. On March 30, 2006, the net F leased the instant building at KRW 81.60 square meters on board (a) part (a) of the attached drawing indicating 1, 2, 3, 4, 1, and 81.60 square meters (hereinafter “instant store”) among the instant buildings, which are successively connected each point of 1, 2, 3, 4, and 81.60 square meters (hereinafter “instant store”) from April 1, 2006, 106, 10,000 lease deposit, and 60,000,000 monthly rent (hereinafter “instant lease”). The Defendant is operating a restaurant at the instant store around that time.

C. The deceased F was killed on July 3, 2016. At the time of the death, there was C, the designated parties D and the Plaintiff and the designated parties, who are their spouse, at the time of the death. However, on March 6, 2017, the Plaintiff and the designated parties C completed the registration of ownership transfer on the ground of inheritance by agreement division on July 3, 2016 as to each of the instant lands on 1/4 shares (the net F 1/2 shares x 1/2) among each of the instant lands, and completed the registration of ownership transfer on each of 1/4 shares among the instant buildings unregistered.

Plaintiff

On February 14, 2017, the Selection C notified the Defendant of his intention to refuse to renew the instant lease agreement.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 7-4, Gap evidence 8-1 through 3, Gap evidence 5-1 through 5, the purport of the whole pleadings and arguments

2. According to the above facts, the lease contract of this case was implicitly renewed from July 1, 2008, which is the expiration date of the term of validity, and the plaintiff and the selected parties C have inherited the shares of the deceased F among the buildings of this case through the agreement on the division of inherited property and completed registration of preservation of ownership.

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