건물명도(인도)
1. The Defendants shall deliver to the Plaintiffs one story of 125.06 square meters and two stories of 117.95 square meters among the real estate listed in the attached list.
2...
1. Basic facts
A. A is the owner of the real estate listed in the separate sheet (hereinafter “instant building”). On April 20, 2018, after the instant lawsuit was filed, the Plaintiffs, the inheritor, taken over the instant lawsuit.
B. On October 10, 1998, the Defendants, as married couple, leased the entire 117.95 square meters of the second floor among the instant building in the name of Defendant H and paid KRW 90,000 per month when using it as a residential area. On October 15, 1993, Defendant I leased the entire 125.06 square meters of the first floor among the instant building in the name of Defendant I, and paid KRW 1,000 per month when operating the car center.
(hereinafter referred to as the “instant lease agreement”) C.
A sold the instant building in KRW 1120 million to J on December 6, 2017. At the time of the said contract, A stipulated a special agreement that “At the time of the contract, the seller shall be liable for the remainder (on March 30, 2018) and the seller shall present to the director and pay the remainder.”
The Defendants agreed to cancel the instant lease agreement with A on December 15, 2017. On the same day, Defendant I prepared a receipt (hereinafter “instant receipt”) that received KRW 7 million from A out of the deposit of KRW 67 million on the 1st floor of the instant building (hereinafter “instant receipt”). The said receipt states that “the date of directors is March 20, 2018.”
E. Since then, the Defendants sent a mail to A, stating that “the receipt of this case was written by the buyer J at the end of A that he would remove the building of this case, and thus, is ineffective.” Since March 20, 2018, the Defendants continuously occupied and used the building of this case.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5, 8 through 10, Eul evidence 1 (including each number), the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiffs’ assertion was primarily and the instant lease agreement was terminated by agreement concluded on December 15, 2017, and the Defendants were accordingly.