건물명도등
1. The Defendant shall deliver to the Plaintiff the second floor of 253.03 square meters among the real estate listed in the attached list.
2. The plaintiff's remainder.
1. Basic facts
A. On October 10, 2016, Nonparty C leased the entire second floor (hereinafter in this case’s real estate) among the real estate listed in the attached list to the Defendant by setting the deposit amount of KRW 20 million, KRW 18 million, KRW 1.8 million, KRW 70,000, KRW 700,000, and the term of lease as of October 9, 2018.
B. C sold the instant real estate to the Plaintiff on May 25, 2017, and the Plaintiff completed the registration of ownership transfer on June 15, 2017.
C. On November 3, 2017, the Plaintiff notified the Defendant of the payment of the said rent by November 6, 2017, which was due by the Defendant on or after June 15, 2017, and notified the Defendant on November 7, 2017 that “the instant lease contract on the instant real estate is terminated on or after the Defendant was not paid a rent.”
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. Assertion and determination
A. On the premise that the Plaintiff succeeded to the lease agreement concluded between C and the Defendant regarding the instant real estate, the Plaintiff, based on the premise that the said lease agreement was terminated on the grounds of the Defendant’s failure to pay the rent, and the Plaintiff filed a claim against the Defendant for the delivery of the instant real estate and the rent and management fee from June 15, 2017, which acquired the ownership of the instant real estate from the date of delivery of the said real estate
In this regard, the defendant acknowledges that the rent is not paid, and asserts that the remaining balance of the lease deposit will be returned.
B. According to the facts found in the judgment on the plaintiff's claim, since the lease contract between the plaintiff and the defendant on the real estate of this case was terminated due to the delay in rent between the defendant, the defendant is obligated to deliver the real estate of this case which is the object leased to the plaintiff.
According to the above facts, according to the judgment on the claim for the rent that was not paid before the termination of the lease agreement, the defendant from June 15, 2017 to the plaintiff.