건물명도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 1, 2018, the Plaintiff entered into a lease contract with the Defendant on the condition that the period of the lease contract was from October 1, 2018 to September 30, 2019, with respect to the size of 50.58 square meters on the ship, which connects each point of the 50.58 square meters of the attached drawings, among the 1st floor in Yongsan-gu, Busan-gu, Gyeonggi-gu, Gyeonggi-do, Seoul-do, and Gyeonggi-do, and that the rent was 18 percent of the monthly sales (including the 4,730,000 won for the minimum monthly rent for guarantee).
B. According to Article 27(2)3 of the lease agreement, where a lessee becomes bankrupt or insolvent, or a lessee files an application for commencement of rehabilitation procedures, or an application for compulsory execution (excluding provisional seizure, provisional disposition) or auction is filed due to his/her obligation, the lessor may immediately terminate the lease agreement without any separate peremptory notice.
C. The Plaintiff was served as the garnishee around October 30, 2018 by the Incheon District Court Decision 2018TTT 52074, and a written decision of the collection order.
The enforcement title is the original copy of the payment order in the Suwon District Court 2018 tea 1267 Deposit, etc. that D issued against the defendant.
On November 9, 2018, the Plaintiff sent to the Defendant a notice of termination of the lease contract under the foregoing reasons, and D submitted an application for cancellation of attachment and cancellation to the Incheon District Court on November 12, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Assertion and judgment on the assertion
A. The Plaintiff asserts that since the lease contract entered into between the Plaintiff and the Defendant was immediately terminated as a collection order against the Plaintiff, the Defendant should deliver the leased object to the Plaintiff and pay the Plaintiff KRW 49,034,333 as a penalty.
As to this, the defendant does not have any provision or explanation of the lease contract to the plaintiff, and the creditor D before receiving the notice of termination from the plaintiff is subject to the seizure and collection order.