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(영문) 대구지방법원 2016.07.19 2015가단40095
건물명도
Text

1. The defendant shall withdraw from the 2nd floor light steel structure office of 133.98 square meters among the buildings entered in the indication of attached real estate.

2...

Reasons

1. Basic facts

A. On July 29, 2014, the Plaintiff purchased a building indicated in the indication of attached real estate (hereinafter “instant building”) from C and completed the registration of ownership transfer on September 1, 2014.

B. On December 30, 2012, the Defendant occupied the instant leased building from D (the owner of the instant building and the name E prior to its opening) to December 15, 200,000 won for lease deposit, and from December 30, 2012 to December 29, 2014, the lease period of which is 15,00,000 square meters for the second floor of the instant building (hereinafter “instant leased building”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, the purport of the whole pleadings

2. The defendant's duty to leave the building of this case is owned by the plaintiff, and the defendant who occupies the building of this case has the duty to leave the building of this case, unless it proves and prove the legitimate right to possess.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion is a legitimate lessee who leased the instant leased building from D, the former owner of the instant building, and has a legitimate right to possess the instant leased building.

As the ownership of the instant building was transferred from D to C and the Plaintiff, the lessor’s status of the instant leased building was comprehensively succeeded to the Plaintiff.

D, C, and the Plaintiff did not notify the Defendant of his refusal to renew the lease agreement for the instant leased building, and the said lease agreement has been renewed under the same conditions as the previous lease is in accordance with Article 10(4) of the Commercial Building Lease Protection Act.

Even if the lease contract on the leased building of this case was terminated due to the Plaintiff’s filing of the suit, the Defendant’s total sum of KRW 15,000,000 and KRW 30,000 for the cost of internal installation of the leased building of this case, even if the lease contract for the leased building of this case was terminated due to the Plaintiff’s rejection of renewal.

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