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Reasons
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(영문) 대구지방법원 2018.11.15 2018가단2179
건물명도
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1. The defendant points out of the 1st floor of the building listed in the attached Table 1 list to the plaintiff each point of Attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On May 4, 1990, the registration of ownership transfer in the name of the Plaintiff was completed on the grounds of “trade on October 28, 2017,” following the completion of registration of ownership transfer in the name of D on May 4, 1990 for the buildings listed in the separate sheet (hereinafter “instant building”).

B. On October 31, 2013, the Defendant entered into a lease contract between D and owner of the instant building, with respect to the size of 49.92 square meters in part on the 1st floor as indicated in the Disposition No. 1 of the instant building (hereinafter “instant store”), KRW 5 million, monthly rent of KRW 500,000, and the term of lease from November 1, 2013 to October 31, 2015 (hereinafter “instant lease contract”), and was handed over from D around that time.

The monthly rent of the instant lease agreement was increased to KRW 920,00,000 on April 2014, and was reduced to KRW 820,000 on February 2016, and was further increased to KRW 1020,000 on July 2016.

C. D On September 20, 2017, sold the instant building to the Defendant to a third party and expected to remove the instant building. Accordingly, D’s notice of refusal to renew the first of the instant building to the effect that the delivery of the instant store by March 29, 2018 is demanded.

A) A document sent by content-certified mail. Around December 8, 2017, the Plaintiff sent the instant building to the Defendant by content-certified mail. Around that time, the said document reached the Defendant. Around December 28, 2017, the Plaintiff sent a document verifying the content-certified mail to the effect that the instant building was delivered to the Defendant by no later than February 28, 2018, since the lease term of the instant lease expired and its renewal was impossible after October 31, 2017, which was after the completion of the registration of ownership transfer with respect to the instant building. The said document reached the Defendant.

2. Summary of the parties' arguments;

A. The lease term of the Plaintiff’s instant lease agreement was renewed and extended by October 31, 2017, and was extended by September 20, 2017.

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