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(영문) 서울고등법원 2015.12.11 2014나23524
건물명도 등
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around October 2009, the Plaintiff agreed to purchase the five floors of the five floors (the five floors are composed of 15 sectional buildings; hereinafter the entire five floors are referred to as the “instant store”) of the building A and the five floors of the building D on the ground of Il-dong, Yongsan-gu, Busan Metropolitan City. Around October 2009, the Plaintiff entered into an agreement to operate a wedding hall business.

B. The Plaintiff purchased the instant store from J on November 10, 2009 in accordance with the foregoing business agreement, and completed the registration of ownership transfer with respect to the instant store on February 2, 2010.

C. Meanwhile, on February 1, 2010, the day before the completion of the registration of ownership transfer, the Plaintiff and the Defendant drafted a lease contract (hereinafter “instant lease contract”) with respect to the instant store as follows.

1) A lessor: (a) the lease term of the object of lease: (b) the lease period: (c) from February 2, 2010 to February 1, 2015; (d) the lease deposit: KRW 150 million; (c) the lease amount: KRW 33 million per month;

D. From March 2010, the store of this case was used as a mutual wedding hall (hereinafter “E”) with the trade name “E” from March 201 to the time of sale in the voluntary auction procedure as seen below. The name holder of the instant wedding hall was the Defendant.

E. The instant store was voluntarily auctioned at the request of Korea Financial Savings Bank, Co., Ltd., a collateral security (mortgaged mortgage) in order to obtain a high support fund and G (dupl). On November 16, 2012, the instant store was sold to the Pampnb Co., Ltd.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 6 evidence, Eul’s 1, 2, 5, and 6 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The party's assertion and judgment

A. Party’s assertion 1) The Defendant leased the instant store from the Plaintiff as indicated in the instant lease agreement, and the Plaintiff was from February 201 to February 1.

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