건물명도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 20, 2015, the Plaintiff and the Defendant concluded a contract with the Defendant on the condition that the instant real estate will be leased to the Defendant by setting the deposit amount of KRW 30 million (Provided, That on October 20, 2015, to increase the deposit amount of KRW 40 million), KRW 330,000 per month of rent (including value-added tax), and KRW 20,000 per month of rent (hereinafter “the instant lease agreement”). Article 7 of the terms and conditions of the instant lease agreement provides that “When a lessee sells the instant real estate, the lessee shall not raise any objection and specify the instant real estate before the remainder of sale.”
B. On October 16, 2015, the Plaintiff and the third party entered into a contract with a third party, under which the Plaintiff sells real estate listed in the separate sheet, and the down payment KRW 200 million is KRW 300,000,000 until November 15, 2015, and KRW 700,000 within one month after the completion of the authorization and permission, and KRW 1.655 billion and KRW 4.51 billion shall be paid within three months after the payment of the second intermediate payment (hereinafter “instant sales contract”).
The sales price under the instant sales contract is KRW 6,651,00,000. However, the sum of each of the above amounts is not in accord with KRW 7,351,00,000, and the “Buyer” under the instant sales contract cannot be identified as the buyer, as it is reasonable.
C. On October 21, 2015, the Defendant paid to the Plaintiff KRW 3.3 million for seven months, and KRW 9.9 million for the rent of October 26, 2015, respectively.
On November 6, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in rent for 789 months by content-certified mail, and the said content-certified mail sent to the Defendant on November 9, 2015.
E. At present, the Defendant is occupying and using the instant real estate by taking over it from the Plaintiff according to the instant lease agreement.
[Ground of recognition] without any dispute, Gap Nos. 1, 2, 3, 5 (including branch numbers; hereinafter the same shall apply) and Eul 2.