건물인도 등
1. The Defendant shall deliver to the Plaintiff the 3rd floor of 76.03 square meters among the attached building attached to the Plaintiff.
2. The costs of lawsuit shall be borne by the defendant.
1. On March 26, 2015, the Plaintiff entered into a sales contract with C, the owner of the building indicated in the attached Form, to purchase the building, and completed the registration of ownership transfer thereof on April 27, 2015. The fact that the Defendant occupied the third floor of 76.03 square meters among the above buildings does not conflict between the parties.
Therefore, the defendant has a duty to deliver 76.03 square meters among the above buildings to the plaintiff, barring special circumstances, such as that there is a right to possess the above building.
2. On July 17, 2012, the Defendant: (a) leased the said building part for two years from C, the former owner, and subsequently renewed the implied renewal on July 17, 2014; (b) the Plaintiff succeeded to C’s lessor status; (c) thus, the Plaintiff has the right to possess the said building until July 16, 2016; and (d) even if the filing of the instant lawsuit is based on the notice of termination under Article 635 of the Civil Act, the Defendant asserts that he/she has the right to possess the said part of the instant building by November 21, 2015, which is six months thereafter.
However, the defendant's above assertion succeeded to the status of lessor from C.
The defendant's assertion is valid only on the premise that the defendant can oppose the plaintiff as a third party in the lease relationship with C, and there is no evidence to prove such facts, and therefore the above assertion by the defendant cannot be accepted.
3. Therefore, the claim of this case is accepted on the grounds of the conclusion.