logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.01 2016가단5789
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, and 4 among the first floor of the building indicated in the attached Table No. 1.

Reasons

1. Facts of recognition;

A. On October 9, 2007, the Defendant, among the buildings listed in the separate sheet (hereinafter “the instant building”) from Nonparty C, run real estate brokerage business under the name of “D” in the name of “D,” by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 400,000, and the lease period of KRW 40,000,000, and at that place from October 9, 2007 to October 8, 2008.

B. On February 12, 2014, the Defendant continued to renew the lease contract with C, and concluded the renewal contract with the term of lease from February 14, 2014 to February 13, 2016, the deposit amount of KRW 60,000,000, monthly rent of KRW 2,400,000.

(hereinafter “instant lease agreement”). C.

On February 4, 2014, the Plaintiff purchased the entire building of this case from C on March 31, 2014, and succeeded to the lessor status under the instant lease agreement by completing the registration of ownership transfer concerning the building of this case under the name of the Plaintiff.

On April 24, 2014, the Plaintiff revealed that he/she is the new owner of the instant building. Since the instant building was worn out and has a plan to carry out substantial repairs with the permission of the competent authority, the Plaintiff sent content-certified mail requesting delivery of the instant store.

In this regard, the defendant responded that it is impossible to respond to the plaintiff's request for delivery because it is within the term of the contract of this case.

E. After that, on November 11, 2015, the Plaintiff sent each content-certified mail requesting the Defendant to deliver the instant store by December 31, 2015, for the same reason, and on February 1, 2016, before the expiration of the contract period, the Plaintiff sent each content-certified mail requesting the Defendant to deliver the instant store by February 13, 2016, which is the expiration date of the contract period.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), and Eul evidence No. 1, respectively.

arrow