건물명도
1.The judgment of the first instance shall be modified as follows:
The plaintiff's primary claim is dismissed.
B. The defendant
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7, 15, and Eul evidence 1 to 3:
On May 13, 2008, the ownership-related D purchased a building listed in attached Table 1 (hereinafter “instant building”) from U.S.D. Unemployment, completed the registration of ownership transfer on February 6, 2009, and transferred the ownership to the Plaintiff on June 30, 2009.
B. On July 11, 2008, before completing the registration of ownership transfer, D entered into a lease agreement (hereinafter “previous lease agreement”) between E and E on July 11, 2008, between the third floor of the instant building, between the description 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 of the attached drawings 2 among the three floors of the instant building (hereinafter “the part in dispute”) and the deposit amount of KRW 50,000,000,000 for the portion in dispute, monthly rent of KRW 4 million, and the lease period of KRW 60,000 from August 18, 2008 to August 17, 2013 (hereinafter “former lease agreement”). At the same time, at the same time, E’s delivery of the instant part to E and the said part to use and make it known as “I” (hereinafter “the title in dispute”).
Since June 30, 209, the Plaintiff, who became the owner of the building of this case, entered into a lease agreement in sequence with H on September 28, 2009, with the same content as the previous lease agreement, as regards the dispute between F and F on August 4, 2009, between G and H on November 8, 2010.
On July 30, 2012, the Defendant acquired all rights and facilities, such as the right of lease, with respect to the dispute portion from H on August 2, 2012, and on August 2, 2012, between the Plaintiff and the Plaintiff, KRW 50 million as to the dispute portion, KRW 4 million as a monthly rent (in addition to value-added tax, KRW 300,000 as payment on August 30, 201), KRW 300,00 as monthly management expenses, and up to August 1, 2014.