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(영문) 부산지방법원 2020.08.20 2019가단333657
건물명도(인도)
Text

From August 14, 2019 to the completion date of delivery of real estate stated in the attached list, the defendant from the plaintiff 50,000,000 to August 14, 201.

Reasons

1. Basic facts

A. On June 7, 2012, the Defendant, as a broker of C, leased the instant building from D, which is the former owner of the real estate listed in the separate sheet (hereinafter “instant building”), by setting the deposit amount of KRW 50 million, monthly rent of KRW 250,000,000, and the lease term from June 14, 2012 to June 13, 2013 (hereinafter “instant lease agreement”).

B. Upon D’s delegation, the Defendant paid the lease deposit of KRW 50 million to C and E (C with KRW 19 million, KRW 31 million, and KRW 31 million). On July 17, 2012, the moving-in report of the instant building was made, and the fixed date was also accepted, and up to now, the Defendant occupies the instant building.

C. The instant lease agreement was implicitly renewed, and the Plaintiff purchased the instant building from D through E’s brokerage on February 23, 2015 and completed the registration of ownership transfer.

By July 25, 2019, the Defendant deposited the instant lease agreement into D’s account as stipulated in the instant lease agreement, and around August 2019, the Plaintiff notified the Defendant of the fact that the instant building was aware that the lease agreement was concluded between the Defendant and the Defendant, and demanded the delivery of the instant building. The Defendant notified the Plaintiff of the termination of the instant lease agreement, which was implicitly renewed to the Plaintiff through the delivery of a copy of the complaint seeking payment of KRW 50 million under the instant lease agreement, by the court 2019Da330498.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 10 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff alleged by the parties, by deceiving the defendant at the time of the sale of the building in this case, that the lease contract was concluded between D, F, and E, KRW 5 million, and KRW 600,000,000,000,000,000,000 from the purchase price, shall be deducted.

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