건물명도(인도)
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. As to the real estate listed in the separate sheet (hereinafter “instant building”), the registration of ownership has been completed as follows:
① On July 25, 2018, < Amended by Presidential Decree No. 24077, Jul. 25, 2018; Presidential Decree No. 2420, Jul. 25, 2018; Presidential Decree No. 2420, Jul. 25, 2018; Presidential Decree No. 24075, Jan. 7, 2019>
B. At present, the Defendant occupies and uses the instant building.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. According to the above facts of recognition of the right to claim delivery of a building, the defendant is obligated to deliver the building of this case to the plaintiff who is the owner of the building of this case, unless the defendant asserts and does not prove the legitimate title
3. Judgment on the defendant's assertion
A. The Defendant’s assertion is a residential officetel.
On August 9, 2018, the Defendant leased the instant building from D to the date of August 10, 2019 by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 350,000, and the period of August 10, 2019.
(hereinafter referred to as “instant lease agreement.” Since the Plaintiff purchased the instant building from the LABD and acquired ownership, the Plaintiff succeeded to the status of the lessor of the instant lease agreement against the Defendant of the LABD.
Therefore, the defendant has a legitimate right to possess the building of this case according to the lease contract of this case.
B. According to Article 3 of the Housing Lease Protection Act, when a lessee completes the delivery and resident registration of a house, it shall take effect against a third party from the following day, and the transferee of a leased house and any other person who succeeds to the right to lease shall be deemed to succeed to the status of the lessor.
However, on July 15, 2018, when the defendant entered into the instant lease agreement, the registration of ownership transfer was completed in the name of the trustee, E-the-trustee.
A trust under the Trust Act shall be made by the truster to a specific property right to the trustee.