토지인도
1. The defendant
(a)each land listed in separate sheet 1 to 3;
(b) Appendix 4.
1. On July 22, 2013, the Defendant determined that each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from C to August 19, 2015 with respect to the term of contract from August 20, 2013 to August 19, 2015, with respect to the lease deposit of KRW 70,000,000, monthly rent of KRW 250,000 (hereinafter “lease”), and thereafter possessed each of the instant real estate until now. The Plaintiff purchased each of the instant real estate from C on November 4, 2013, and the Plaintiff purchased each of the instant real estate from C on November 4, 2013. The fact that no dispute exists between the parties, or that the registration of ownership transfer was completed as of December 24, 2013 as of December 24, 2013, can be recognized as the whole purport of pleadings as a whole, comprehensively taking into account the following purport.
According to the above facts, since each real estate of this case is presumed to be owned by the plaintiff, the defendant is obligated to deliver each real estate of this case to the plaintiff, the owner of each real estate of this case, unless there is no title to possess each real estate of this case
2. The defendant's assertion argues that the five-year rental period should be guaranteed as stipulated in the Commercial Building Lease Protection Act.
According to the provisions of the Commercial Building Lease Protection Act and the Enforcement Decree of the Commercial Building Lease Protection Act (amended by Presidential Decree No. 25036, Dec. 30, 2013) as of July 22, 2013, which was the date of the conclusion of the instant lease contract, each of the provisions of the Commercial Building Lease Protection Act does not apply to a lease contract where a deposit (including the amount converted by multiplying the monthly rent by 100,000) exceeds KRW 150,000,000 in the case of a public-private partnership city. As seen earlier, the instant lease contract is KRW 2,50,000,000, which is the deposit amount of KRW 70,000,000, and the instant lease contract is not subject to the Commercial Building Lease Protection Act.
Therefore, the Plaintiff succeeds to the status of the lessor under the instant lease agreement concluded between the Defendant and C.