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(영문) 광주지방법원 2018.02.08 2017가단6851
건물명도
Text

1. The Defendant shall transfer to the Plaintiff the second floor of the building indicated in the separate sheet from December 10, 2017 to March 10, 2021, or from among the buildings indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 29, 2016, the Defendant: (a) leased the second floor of the instant building from C, which was owned by the Defendant, to pay KRW 10,000,00 in advance on the 10th day of each month the second floor of the instant building; (b) leased from April 10, 2016 to April 9, 2021; and (c) completed the business registration with the head of the Gwangju Northern District Tax Office having jurisdiction over the location of the road name of the said building as the place of business on April 15, 2016.

B. On October 10, 2016, the Plaintiff, who succeeded to the ownership of the instant building and the status of a lessor, purchased the instant building and its site from C for KRW 450,000,000, and agreed to take over the status of a lessor of the said lease agreement with C on November 17, 2016, by taking over the registration of ownership transfer pursuant to said agreement with C. The Plaintiff agreed to take over the status of a lessor of the said lease agreement even before January 24, 2017.

C. The Defendant paid the Defendant’s rent to C, 250,000 won on November 17, 2016, and 500,000 won on January 10, 2017, respectively.

On January 24, 2017, the Plaintiff sent a content-certified mail containing the following contents, and sent it to the Defendant on January 25, 2017.

Although the Defendant is obliged to pay the rent in advance on November 10, 2016, December 10, 2012, and January 10, 2017, the above lease contract is terminated without paying it in advance.

E. On February 16, 2017, the Defendant deposited KRW 1,000,000 as follows with the Plaintiff (the address at the time of the Defendant’s repayment deposit: the address at the time of the Plaintiff’s deposit E in the Sungsung-gun, Sungsung-gun as the principal deposit.

On March 29, 2016, the Defendant leased the second floor from C among the instant building on the same date, and transferred ownership under the name of the Plaintiff on November 17, 2016, and the Defendant intended to pay the Plaintiff rent under a contract with the former owner. However, the Defendant rejected the Plaintiff’s request for delivery, and the Defendant was on February 1 to May 2017.

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