부동산 인도청구의 소
1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) from the Plaintiff 15,525,385 to KRW 52,719,835 from the Plaintiff, on March 15, 2019.
1. Basic facts
A. The Plaintiff is the owner of the instant real estate, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) leased the instant real estate from the Plaintiff to operate Smarket, and the Defendant C occupied the portion on the ship indicated in the annexed drawings in the instant real estate and operates Smarket.
B. The instant real estate was owned by Defendant B, and the Plaintiff leased and used the instant real estate from Defendant B. However, on March 29, 2010, the Plaintiff purchased the instant real estate from Defendant B on March 29, 2010, and completed the registration of transfer of 1/2 shares and 1/4 shares in the name of the Plaintiff, as the Plaintiff purchased the instant real estate from Defendant B, and completed the registration of transfer of 1/2 shares and 1/4 shares in the name of the Plaintiff. On January 3, 2012, the instant real estate purchased D shares and E shares on May 24, 2012, and thereafter, the Plaintiff owned the instant real estate solely.
C. On April 29, 2010, the Plaintiff and two other parties were co-owners of the instant real estate, and leased to Defendant B a deposit of KRW 100 million, monthly rent of KRW 4 million (excluding value-added tax, and payment on April 29), and two years (from April 29, 2010 to April 28, 2012) during the lease period.
(hereinafter “instant lease agreement.” The instant lease agreement has been renewed under the same condition even after the Plaintiff was solely owned. However, from April 29, 2016, the lease period was renewed on a yearly basis as from April 28, 2016, and the monthly rent was also 4.4 million won (excluding value-added tax) on April 28, 2016 and 4.7 million won (excluding value-added tax) on April 28, 2017.
Defendant B, starting from May 29, 2016, did not delay the payment of rent from around October 2018 to around October 2018, occupied the instant real estate and operated Smarket. Defendant C also occupied part of the said Smarket and operates Smarkets to operate Smarkets.
(e) this;