건물명도
1. The Defendant shall deliver to the Plaintiffs the fourth floor of 261.46 square meters and five floors of 194.98 square meters among the real estate listed in the attached list.
2...
1. Determination as to the cause of claim
A. (1) The Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant building”) through the public sale process, and completed the registration of ownership transfer on October 14, 2015.
(2) As of the date of the closing of argument in the instant case, the Defendant occupies all the fourth and fifth floors of the instant real estate (hereinafter “the part occupied by the Defendant”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and Gap evidence No. 2, the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to deliver the part of the defendant's possession of the building of this case to the plaintiffs unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The defendant asserts that (1) as to the existence of opposing power under the Commercial Building Lease Protection Act, the defendant, on August 23, 2006, when the registration of establishment of the right to collateral security was completed on the top of the order of priority in the building of this case, obtained permission for the use of all the five floors of the building of this case from D Co., Ltd. (hereinafter "D") before May 19, 2009. On the same day, the defendant registered the business pursuant to Article 8 of the Value-Added Tax Act, Article 11 of the Corporate Tax Act, and entered into a lease agreement with D as to January 2, 2009 and the five floors of the building of this case as the deposit amount of KRW 10 million and the monthly rent of KRW 1670,00,000 for the five floors of this case. Thus, the defendant asserts that the right to lease can be asserted against the plaintiffs pursuant to Article 3(1) of the Commercial Building Lease Protection Act.
(2) The registration of business, which is stipulated as the requirements for opposing power along with the delivery of a building under Article 3(1) of the Commercial Building Lease Protection Act, has been prepared as a public announcement method that enables a third party to clearly recognize the existence of the right of lease for the safety of transaction.
Therefore, it is recognized that there is a business operator who has leased the leased building with the business registration in general society.