건물명도(인도)
1. The Plaintiff:
A. Defendant B delivers the real estate listed in the separate sheet;
B. Defendant C is entitled to the above real estate.
1. Evidence 【Evidence】1, A2-1, A2, A3, A4, and the purport of the whole pleadings;
A. On July 28, 2016, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant B, setting the deposit amount of KRW 30 million with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), KRW 1180,000,000 per month, KRW 1180,000 per month, and the term of the lease from July 29, 2016 to July 28, 2018, under which the Plaintiff agreed to lease the instant real estate to Defendant B, and handed over the instant real estate to the Defendant B.
B. Defendant B, who was the lease of the Plaintiff, did not pay the rent for at least five years until April 28, 2017, and the Plaintiff notified Defendant B of the termination of the lease of the instant real estate on May 18, 2017. Around that time, the said declaration of termination reached Defendant B.
C. Defendant C’s possession of Defendant C occupies the instant real estate from August 8, 2016.
2. The allegations by the parties and the judgment of this court
A. According to the facts of recognition as above, since the lease between the plaintiff and the defendant B was lawfully terminated, the defendant B transferred the real estate of this case to the plaintiff, and the defendant C has a duty to withdraw from the real estate of this case for delivery, unless there are special circumstances.
B. Defendant C believed that his mother would purchase a permanent rental apartment from Defendant B, paid 92.4 million won to Defendant B for sale, and then resides in the instant real estate as a permanent rental apartment. Defendant C alleged to the effect that he had no choice but to reside in the instant real estate until the claim for damages against Defendant B is recovered. However, Defendant C’s claim for damages against Defendant B is not a right to possess the instant real estate, and thus, Defendant C’s above assertion is without merit.
3. If so, Defendant B transferred the instant real estate to the Plaintiff, and Defendant C has the duty to leave the instant real estate.