건물명도(인도)
1. 피고는 원고에게 별지 기재 부동산 1층 중 별지 도면 표시 ⑴, ⑵, ⑶, ⑷, ⑸, ⑹, ⑴의 각...
1. Facts of recognition;
A. By May 9, 2018, the Plaintiff acquired ownership of 1/2 shares in the real estate listed in the separate sheet (hereinafter “instant real estate”).
나. 피고는 2001. 12. 17. 이 사건 부동산 1층 중 별지 도면 표시 ⑴, ⑵, ⑶, ⑷, ⑸, ⑹, ⑴의 각 점을 순차로 연결한 [가] 부분 66㎡(이하 이 사건 점포라 한다) 중 일부를 종전 임대인으로부터 임차하여 그 계약이 계속 갱신되어 왔고, 2007. 8. 23. 나머지 부분마저 임차하여 그 계약이 계속 갱신됨으로써 이 사건 점포 전체를 점유ㆍ사용하고 있는데, 최종적으로 갱신된 각 임대차계약상의 임대차 종료일은 2019. 5. 17.과 2019. 8. 23.이다.
C. On May 15, 2018, the Plaintiff succeeded to the lessor’s status was delegated with all of the powers regarding the lease contract for each of the instant stores by equity right holders C and 4/48 equity right holders D with each of the instant real estate on May 15, 2018, and on February 14, 2019.
4. Around 17. Around 17. Around the instant store, the Defendant sent to the Defendant a certificate of content that the said lease contract will not be renewed.
[Ground of recognition] No dispute, entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the lease contract for the store of this case was terminated at the expiration of the given period.
Therefore, the defendant is obligated to deliver the instant store to the plaintiff.
B. The Defendant was aware of the fact that the Plaintiff was entrusted with the management of the store of this case by C and D only through a documentary evidence submitted by the Plaintiff on January 2, 2020, and the Plaintiff did not clearly indicate the fact that the power of attorney was granted. Thus, on February 14, 2019 and the same year.
4. The plaintiff's termination notification made around 17. The plaintiff's termination notification is only a cancellation as a 1/2 equity right holder, and cannot be viewed as a legitimate termination notification made as a majority equity right holder. However, the co-owner's lease of the article jointly owned to another person and the lease contract.