건물인도
1. The defendant
(a) The Cement brick shall be one-storyed farming and fishing household of 101, 84.56 square meters in Seosan-si, Seosan-si.
1. Basic facts: (a) On April 22, 2002, D completed the registration of ownership transfer based on sale and purchase with regard to the C large 404 square meters in the name of Seosan-si, Seosan-si; (b) in Seosan-si, a non-registered house on the said site, D also transferred to E the house of 101 square meters of cement brick structure 101 and 84.56 square meters of farming and fishing household located on the ground of cement brick structure (hereinafter “instant house”).
② Around that time, the Defendant entered into a lease agreement with E on a rent of KRW 1,200,000 on a yearly basis, and has resided in the instant house until now. The Defendant paid KRW 4,80,000,000 in total, including KRW 1,20,000 on June 12, 2002, KRW 26.1,200,000 on May 26, 2003, and KRW 1,200,000 on August 16, 2004, and KRW 4,80,000 on May 9, 2005.
③ On July 10, 2015, E transferred the instant housing and the Defendant’s right to overdue rent together, and notified the Defendant of the assignment of the claim on November 7, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Plaintiff, who was finally transferred the right to dispose of the instant housing that was unregistered from E, was unable to complete the registration of ownership transfer regarding the instant housing.
In light of the above legal principles, the court below held that the plaintiff who received the overdue rent claim that had already been acquired from E can terminate the above lease agreement on the ground that the overdue rent claim that had already been acquired from E reaches the amount of rent for more than two years prior to the succession to the status of the lessor pursuant to Article 3(4) of the Housing Lease Protection Act, the plaintiff can terminate the lease agreement on the ground that the overdue rent claim that had already been acquired from E reaches the amount of rent for more than two years prior to the succession to the status of the lessor.
(See Supreme Court Decision 2008Da3022 Decided October 9, 2008). In the instant case, the Plaintiff’s delay on November 25, 2016 on the ground that the Defendant’s delay in rent was made on the second day for pleading of the instant case.