건물명도(인도)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On February 22, 2017, the Defendant: (a) leased all the 150,000,000, monthly rent 9,000,000 (excluding value-added tax) from D Co., Ltd. (hereinafter “D”); and (b) from March 1, 2017 to February 28, 2019, the lease period of the 150,000,000 of the 4th underground floor (hereinafter “instant building”); and (c) determined the lease period from March 1, 2017 to February 28, 2019.
(hereinafter “instant lease agreement”). B.
The Defendant, while operating the first floor of the instant building as a cooling house on April 13, 2017, installed a low temperature storage house on the first floor of the instant building on the ground of the instant building and occupied and used the first floor for the purpose of cooling, freezing and freezing.
C. On April 20, 2017, the Plaintiffs purchased the instant building from D and completed the registration of ownership transfer on May 26, 2017, respectively. D.
On October 11, 2018, the Plaintiffs notified the Defendant of his intention not to renew the instant lease agreement by content-certified mail. On November 29, 2018, the Defendant expressed the intent to request the Plaintiffs to renew the instant lease agreement by content-certified mail pursuant to Article 10(1) of the Commercial Building Lease Protection Act.
E. On December 7, 2018, the Plaintiffs requested the Defendant to suspend the use of the first floor of the instant building, which is not the leased object, by means of content-proof mail to the effect that if the Defendant’s unauthorized possession continues, the Plaintiffs may be the object of the extradition lawsuit. On December 31, 2018, the Plaintiffs filed the instant lawsuit.
F. Meanwhile, on January 3, 2019, the Plaintiffs filed a separate lawsuit seeking the delivery of the first floor of the instant building due to the termination of the instant lease agreement (Seoul Central District Court 2019Da5001100).
[Ground of Recognition] Facts without dispute, Gap's statements and images, Gap's evidence Nos. 1, 4, 5, 7, 11, 12, 16, 17, Eul's evidence Nos. 4 and 5 (including each number), the significant facts in this court, and the purport of the whole pleadings
2. The assertion and judgment
(a)the Parties;