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(영문) 부산지방법원 2015.01.30 2014가단50452
건물명도
Text

1. The defendant, among the first floor of the building stated in the attached Form, shall each point of the attached Form 3, 4, 5, 6, and 3 in sequence.

Reasons

The defendant, on August 25, 2008, connected each point of 3, 4, 5, 6, and 3 in sequence from the plaintiff on the 1st floor of the building in the annexed Form No. 3, 76.5 square meters in the ship, 3, 4, 5, 6, and 3 of the same drawings among the 2nd floors, connected each point of 76.5 square meters in sequence, 1,2, 4, 5, 6, 7, 8, and 173.3 square meters in the ship connecting each point of 173.3 square meters in the same drawings, 3,4, 5, 6, 7, and 107.2 square meters in the order of each point of 3,300,000,000 won in the annexed Form No. 2,300,000 won in the lease contract between the plaintiff and 24,000,000 won in the whole, within the lease period of 14.28

According to the above facts, the above lease contract shall be deemed terminated upon the expiration of the lease term. Thus, the defendant is obligated to deliver the above leased object to the plaintiff, except in extenuating circumstances.

As to this, the defendant paid 250 million won premium to the former lessee, received the above leased object and concluded the above lease contract with the plaintiff. The plaintiff filed the lawsuit of this case in order to receive the premium directly from the new lessee after receiving the above leased object from the defendant. The plaintiff asserts that this constitutes an abuse of rights.

However, as long as the lease contract between the Plaintiff and the Defendant expires, the Defendant is obligated to deliver the leased object to the Plaintiff, and even if the Plaintiff received the leased object from the Defendant and received the premium from the new lessee.

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