beta
(영문) 대구지방법원안동지원 2019.10.16 2018가단21418

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,906,666, respectively, to the Plaintiff (Counterclaim Defendant) and its amount from December 1, 2018 to March 1, 2019.

Reasons

1. Basic facts

A. On December 1, 2010, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) leased one-story shop (hereinafter “instant store”) and five-story housing (hereinafter “instant housing”) among the instant buildings to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) as the right holder of the 1/3 share of the building indicated in the attached Form (hereinafter “instant building”) with a fixed lease deposit amount of KRW 10 million, KRW 56.7 million, KRW 10 million, and KRW 24 months from the date of delivery to the Defendant.

(hereinafter “instant lease agreement”). In the event that the instant building is sold or purchased due to a special agreement, the Defendant decided to deliver the instant store and house to the Plaintiffs within three months.

The Defendant resided in the instant house and operated a book store in the instant store.

B. On November 28, 2017, the Plaintiffs entered into a contract to sell the instant building and its site to two and other persons, including E, for three billion won.

C. At the time of the conclusion of the above sales contract, Plaintiff A notified the Defendant of the fact of the conclusion of the sales contract and the delivery of the instant store and house, and on February 5, 2018, Plaintiff A notified the Defendant of the fact.

The notice was given in writing to deliver the instant store and housing by February 28, 2018 in accordance with the terms and conditions set forth in the subsection. D.

On February 26, 2018, the Defendant continued to exist until November 30, 2018 in accordance with the implied renewal clause under Article 10(4) of the Commercial Building Lease Protection Act, or continue to exist until September 30, 2018, which is the period corresponding to the rent that the Defendant paid in advance. On January 20, 2018, the Defendant notified the Plaintiff in writing that he concluded the premium agreement with the Defendant to transfer the instant store to F the premium of 200 million won.

E. On March 16, 2018, Plaintiff A notified Plaintiff A in writing that he/she will deliver the instant store and house, and the Defendant notified Plaintiff A in writing that he/she could not deliver the instant store and house by November 30, 2018, the expiration date of implied renewal, around March 21, 2018.

[Ground] A 1-2]