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(영문) 부산지방법원동부지원 2016.08.10 2016가단200059
건물명도
Text

1. The defendant is based on Annex 1, 2, 3, 4, 5, 6, 7, and 1, among the buildings listed in the separate sheet.

Reasons

1. Basic facts

A. A. Around April 2001, D entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the real estate listed in the attached list (hereinafter “instant real estate”). At that time, D transferred the instant real estate to the Defendant. The instant lease agreement was implicitly and explicitly renewed several times.

B. On April 3, 2014, the Plaintiffs purchased the instant real estate from D and E, the owner of the instant real estate, and completed the registration of ownership transfer based on sale of the instant real estate.

C. On May 28, 2015, the Plaintiffs sent to the Defendant a certificate of content that the instant lease agreement would no longer be renewed. Accordingly, after August 6, 2015, the termination date of the instant lease agreement, the Plaintiffs sent to the Defendant a certificate of content that the instant real estate would be transferred, which reaches the Defendant around that time.

As of the date of closing argument, the Defendant occupies the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination of the cause of the claim, the instant lease agreement was terminated on August 6, 2015, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate possessed by the Plaintiffs who succeeded to the status of the lessor of the instant lease agreement.

B. The Defendant’s assertion 1) The summary of the Defendant’s assertion was as follows: (a) the Defendant had been guaranteed a five-year rental period from D, the former owner of the instant real estate, and was engaged in remodeling construction by citing repair costs of KRW 80 million; (b) the Defendant cannot respond to the Plaintiffs’ claim before receiving KRW 400 million, such as beneficial costs, etc. from the Plaintiffs; (c) according to the written evidence No. 4, the Defendant shall recover the instant real estate when the lease contract was terminated at the time of concluding the instant lease contract

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