건물명도(인도)
1. The defendant points out of the second floor of the real estate in the annexed list to the plaintiff each point of the indication of the annexed drawings 1, 2, 3, 4, 5, and 1.
1. The following facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence 1 to 7, Gap evidence 20, Eul evidence 1 and 2:
On February 13, 2017, the Plaintiff acquired the ownership of the real estate listed in the separate sheet, and the Defendant concluded a lease agreement with the former owner of the said real estate and the subordinate district unit (hereinafter “each of the instant buildings”) on the part in which the order was entered in paragraph (1).
B. On February 27, 2017, the Plaintiff and the Defendant decided on May 15, 2017 the term of the lease agreement on each of the instant buildings.
C. On July 27, 2017, the Plaintiff deposited the remaining lease deposit KRW 27,97,418, after deducting the sum of the rent, etc. and delay damages in arrears at KRW 17,02,582, which were the sum of the lease deposits for each of the instant buildings, from the sum of the lease deposits for each of the instant buildings.
(2) The defendant is obligated to deliver each of the buildings of this case to the plaintiff, except in special circumstances, since the lease contract of this case for each of the buildings of this case is terminated due to the above recognition on February, 200.
As to this, the defendant asserts that since the defendant has installed a system control unit with the consent of the former owner in the ceiling of each building of this case, he cannot deliver each building of this case before receiving the purchase price of 12,01,285 won, since he exercised the right to purchase accessories based on Article 646 (1) of the Civil Code.
The object of the request for purchase as stipulated in Article 646 of the Civil Act is a thing attached to a building, which belongs to the lessee's ownership, and is not a component of the building, and which brings an objective benefit to the use of the building. Therefore, the attached thing is a thing attached solely for the special purpose of the lessee.