건물명도등
1. The defendant is the plaintiff (appointed party) and the successor.
A. The plaintiff (designated parties) and the appointed parties are jointly and severally.
1. Basic facts
A. On March 25, 2009, the Defendant entered into a lease agreement with C on the lease deposit amount of KRW 30,000,000, monthly rent for rent, KRW 1,80,00, contract period for rent, and KRW 1,80,000 from March 23, 2009 to March 23, 2011, on the part (i) of the part of 45.38§³, which was linked in sequence 1, 2,3,4, and 1 among the real estate listed in the separate sheet No. 1 list No. 2 in the order of each of the items in the separate sheet No. 1, 2, 3, and 4, and 4 (hereinafter “instant building”).
(hereinafter “instant lease agreement”). B.
The instant lease agreement has been implicitly renewed between the Defendant and C, and the Defendant has possessed the rooftop of the instant building and the real estate stated in the attached Table 1 list until now.
C. On January 5, 2015, C entered into a sales contract with the Plaintiff and the selector (hereinafter “Plaintiff, etc.”) on real estate listed in the separate sheet No. 1, and sent the instant lease contract to the Defendant on the eight day of the same month with a content-proof that the Defendant did not have an intent to renew the instant lease, and the said notification was issued around that time.
Plaintiff
The registration of ownership transfer is completed on April 6, 2015 with respect to real estate listed in attached Table 1 list.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings
2. The assertion and judgment
A. According to the fact that the obligation to deliver real estate and to return unjust enrichment on the rent basis was established, the instant lease agreement was implicitly renewed without specifying the period each year after March 23, 201, which was the expiration date of the original contract term, and its expiration date March 23, 2015. However, since C, a lessor, notified the Defendant of his/her intention to refuse the renewal between six months before the expiration date and one month before the expiration date of the said contract, the instant lease agreement was terminated on March 23, 2015.
Therefore, the defendant who lost the source of possessory right to the building of this case upon termination of the lease agreement.