건물명도
1. Of the instant lawsuit, the part concerning the claim for rent from July 20, 2016 to October 30, 2016 shall be dismissed.
2. The defendant.
1. Facts of recognition;
A. On October 31, 2016, Busan District Court declared the bankruptcy of Jinwon Metal Co., Ltd. and appointed the Defendant as a trustee in bankruptcy.
(B) Busan District Court Decision 2016Hau1015 (hereinafter referred to as the "Defendant") did not divide the bankrupt from before and after the declaration of bankruptcy, and both the bankrupt Jinwon Metal Co., Ltd. and the bankruptcy trustee.
On February 18, 2014, the Plaintiff purchased each of the above buildings in the auction procedure for real estate rent as to each building listed in attached Table 1 list.
C. On December 16, 2015, among the buildings listed in attached Table 1-B, the Plaintiff leased (including value-added tax), among the buildings listed in attached Table 1-B, the part (B) part (B) of 333.39 square meters and the building listed in attached Table 1-B (hereinafter “the leased part of this case”) to the Defendant in line with the respective points in attached Table 3, 4, 5, 6, 7, 8, 9, 10, 300 square meters, monthly rent of 3,410,000, and from December 16, 2015 to December 15, 2017 (hereinafter “instant lease”) the leased part of this case to the Defendant around that time.
In concluding the instant lease agreement, the Plaintiff and the Defendant determined that the Plaintiff may terminate the instant lease agreement if the Defendant’s overdue rent falls under the amount of two-year rents.
E. The Defendant did not pay rent from February 2016, and the overdue rent exceeded the amount of two-term rents.
[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 8 (including each number), and the purport of the whole pleadings
2. From July 20, 2016 to October 30, 2016 of the instant lawsuit, the Plaintiff sought against the Defendant the payment of rent incurred from July 20, 2016 to October 30, 2016. As such, the Plaintiff’s ex officio review the legitimacy of the instant claim.
According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), prior to the declaration of bankruptcy against the debtor.