건물명도(인도)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 16, 2012, the Defendant concluded a lease contract with E (the head of the management office of the instant apartment complex) regarding the instant apartment with a deposit amount of KRW 14,00,000, and the lease period of KRW 24 months from October 27, 2012 (hereinafter “the first lease contract”). At that time, the Defendant paid the lease deposit to E and completed the move-in report with the delivery of the instant apartment.
B. On September 25, 2014, the Plaintiff purchased the instant apartment from G to KRW 39,000,000 for purchase price, and completed the registration of ownership transfer in the name of the Plaintiff on September 26, 2014. At the time, the Plaintiff drafted and issued to E the power of attorney to fully delegate the right to lease and manage the instant apartment (hereinafter “the power of attorney”).
On October 25, 2014, the Plaintiff prepared a monthly lease agreement of KRW 3,00,000, monthly rent of KRW 300,000 with respect to the instant apartment between E and E, and as a special agreement, the Plaintiff determined that “The lease to each household shall be entrusted to E and shall be guaranteed for two years as KRW 300,000 (annual 3,600,000) per month. The monthly rent shall be deposited into the buyer’s designated account (Plaintiff) on the 29th day of each month (Provided, That if the monthly rent exceeds the guarantee year, it shall be recognized as the revenue of the Management Director).”
C. On October 17, 2014, when the contract period under the foregoing first lease contract expires, the Defendant renewed the lease contract (hereinafter “second lease contract”) with E claiming that the Plaintiff was delegated with the right to lease the instant apartment, setting the deposit amount of KRW 18,000,000, and the lease period of KRW 12 months from October 27, 2014 to December 10, 2015, and “third lease contract” as the lease period of KRW 20,000,000, and the lease period of KRW 12 months from December 11, 2015.
December 1, 2016, deposit amounting to KRW 22,00,000, and the lease period.