건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Determination on the cause of the claim
A. According to the overall purport of evidence Nos. 1 and 6, the Plaintiff entered into a lease agreement with C on Nov. 8, 2017, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with C on Nov. 8, 2017, with C, with a lease deposit of KRW 10 million, monthly rent of KRW 10 million, lease term of KRW 12 million, and 12 months, and C leased and used the instant real estate from around that time, but failed to pay the rent at least three times. The Plaintiff filed a claim against C for a registration of the instant building as Seoul Eastern District Court 2221 and filed a favorable judgment on Feb. 14, 2019. However, it was impossible for C to enforce compulsory execution based on the said judgment, upon which the Plaintiff filed the instant lawsuit against the Defendant, and upon which the Plaintiff received a provisional disposition order for prohibition of possession of the real estate under the name of Seoul East East District Court 201Kadan1457, Feb. 29, 2019.
B. According to the above facts, the defendant is obligated to deliver the real estate of this case to the plaintiff, since it did not enter into a lease contract with the plaintiff regularly, and there is no title to possess it.
C. Home affairs, the Plaintiff implicitly accepted the Plaintiff’s succession to C’s lessee status.
In light of the circumstances surrounding the Plaintiff’s filing of the instant lawsuit, it is reasonable to deem that the Plaintiff’s claim in this case includes the purpose of resolving the lease relationship with the Defendant and seeking delivery of the building, and thus, the Defendant is obliged to deliver the building in this case to the Plaintiff.
2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.