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(영문) 대구지방법원 2019.02.21 2018가단105153

건물명도(인도)

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1. The Defendants are each indicated in the separate sheet No. 2, 3, 4, 5, 7, 8, and 2 among the 78.8m2 in Daegu Jung-gu, Daegu-gu.

Reasons

1. Facts of recognition;

A. The Plaintiff’s real estate purchase (1) purchased on July 3, 2017 the Plaintiff’s real estate purchase (hereinafter collectively referred to as “instant land”) 78.8 square meters in Daegu-gu and G 102 square meters in total from D and the same year.

8.17. Completion of the registration of ownership transfer.

(2) D, among the instant land, sold the instant building to the Plaintiff along with the instant land as the disposal authority of unregistered buildings (hereinafter “instant building”) located on the (i) and (b) part of the attached drawing indication.

B. Defendant B, from January 25, 2002, leased the instant building from D to January 25, 2002, occupied the instant building with Defendant C, and operated the “H Buddhist Teachers” in the Buddhist Products Points.

(2) Defendant B and D renewed the lease of the instant building on June 25, 2015.

Lease deposit was set at KRW 10 million, and monthly rent was set at KRW 900,000.

C. (1) Defendant B did not pay the rent of the instant building from September 2017.

(2) On May 25, 2018, the Plaintiff had the intent to terminate the instant building lease agreement on the grounds of the Defendant’s unpaid fees.

The brief was served on May 30, 2018 on Defendant B. D.

On October 5, 2018, the acquisition of the Plaintiff’s royalty claim D transferred to the Plaintiff the rental fee and the claim for return of unjust enrichment equivalent to the rental fee to Defendant B, and notified the fact by content-certified mail.

Defendant B accepted the content-certified mail on October 10, 2018.

[Ground of recognition] Facts without dispute; Gap evidence 2 and 3; Gap evidence 4-1, 2, and Gap evidence 7-10; the result of this court's request for survey appraisal; the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the lessor is entitled to terminate the contract on the ground that Defendant B did not pay rent for more than three (3) years, according to the following facts: (1) the claim for the delivery of the instant building.

(Article 10-8 of the Commercial Building Lease Protection Act). The plaintiff is to preserve the right to claim the delivery as the purchaser of the building in this case.