건물명도
1. The Plaintiff, among the buildings listed in the attached Form,
A. Defendant B shall have one story 95.84 square meters, two stories 62.78 square meters, and 75.21 square meters in an underground room;
(b) the defendant.
1. Facts of recognition;
A. On December 5, 2002, Nonparty D leased to Defendant B the real estate listed in the separate sheet (hereinafter “instant real estate”) KRW 60,000,000 for the lease deposit, the lease period from December 10, 2002 to December 9, 2004, the monthly rent of KRW 3,000,000 for the lease, and the rent of KRW 25,00 for the lease.
(hereinafter “instant lease agreement”). B.
around February 15, 2003, Defendant B subleted Defendant C with 75.21 square meters of the underground room among the instant real estate, and Defendant C acquired the above underground room from around that time to that day.
C. On October 21, 2016, D notified Defendant B of the fact that he/she had no intent to renew the instant lease agreement, and the said notification reached Defendant B on October 24, 2016.
The Plaintiff purchased the instant real estate from D on October 12, 2016, and completed the registration of ownership transfer on November 21, 2016.
[Grounds for Recognition: Evidence Nos. 1 through 3, Evidence No. 7, and the purport of the whole pleadings]
2. Determination
A. According to the above facts of recognition, since both the lease contract and sub-lease contract on the instant real estate have expired on December 9, 2016, both the lease contract and sub-lease contract on the instant real estate have expired, the Plaintiff who succeeded to the lessor’s status under the instant lease contract and the Defendant B is obligated to deliver the first floor, second floor, and underground room of the instant real estate and the Defendant C is obligated to deliver the underground room among the instant real estate.
B. (1) Determination of the Defendants’ assertion (A) asserts that Defendant B did not have a duty to deliver the instant building to the Plaintiff, with the knowledge that the instant lease contract was implicitly renewed, on the grounds that Defendant B acquired the Plaintiff’s ownership and paid the rent via a manager, with the knowledge that the instant lease contract was implicitly renewed, and that it was paid in January 2017.
Around October 21, 2016, the lease contract of this case is renewed to Defendant B.