beta
(영문) 서울중앙지방법원 2017.05.18 2016가단5069273

건물명도

Text

1. The Defendant’s month from March 23, 2015 to the completion date of the delivery of real estate indicated in the separate sheet from March 23, 2015 to KRW 50,000.

Reasons

1. Basic facts

A. On March 19, 2014, the Defendant, who was the owner of the real estate listed in the separate sheet (hereinafter “instant commercial building”), was operating convenience stores on or around April 2008, entered into a lease agreement with C to continue to lease by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 1,300,000 (additional tax separate), and the lease term of KRW 1,30,000 (additional tax separate), from March 23, 2014 to March 22, 2015. Since C entered into an agreement with the Defendant to extend the lease term by March 22, 2016.

(hereinafter “instant lease agreement”). B.

On March 27, 2015, the Plaintiff entered into a sales contract for the instant commercial building with C, and the same year.

4. 29. The registration of ownership transfer shall be completed.

C. On July 16, 2015 and February 15, 2016, the Plaintiff indicated that he/she had no intent to renew the instant lease agreement to the Defendant, and that notification reached the Defendant at each time.

On the other hand, the defendant continued to possess and use the commercial building of this case until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the facts as seen earlier prior to the determination of the cause of the claim, the instant lease agreement expired on March 22, 2016, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, barring special circumstances.

In addition, the fact that the Defendant continued to possess, use, and benefit from the commercial building of this case even after the termination of the lease agreement of this case is as seen earlier, and since the amount of profit from the possession and use of the ordinary real estate is equivalent to the rent of the real estate, the Defendant, barring special circumstances, shall be the Plaintiff from March 23, 2015 to the completion date of the delivery of the commercial building of this case from March 23, 2015