건물인도
The defendant shall deliver to the plaintiff the real estate listed in the attached list. The costs of lawsuit shall be borne by the defendant.
subsection 1.
1. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings in the evidence Nos. 1, 2, and 3 as a whole, the Defendant was an owner of each 1/2 equity interest in the real estate listed in the separate sheet (hereinafter “instant apartment”) on October 5, 2018.
C and D’s lease of the instant apartment complex from the date of November 23, 2018 to November 22, 2020. The Plaintiff purchased all one-half shares of the instant apartment owned by C and D on May 23, 2020 and completed the registration of the transfer of ownership as of August 3, 2020, respectively. < Amended by Presidential Decree No. 119324, Aug. 3, 2020; Presidential Decree No. 25075, Nov. 23, 2018>
B. According to the above facts, the Plaintiff succeeded to the lessor status under the above lease agreement from C and D.
It is reasonable to see that the above lease contract has been terminated on November 22, 2020, and since it is apparent that it has been terminated on the expiration of the term, the defendant is obligated to deliver the apartment of this case to the plaintiff, unless there are any special circumstances to the
2. The defendant's defense exercised the right to request renewal of the contract under Article 6-3 (1) of the Housing Lease Protection Act with respect to the above lease agreement, and thus, the defendant is not able to respond to the plaintiff's claim since the above lease agreement was not terminated.
In full view of the purport of the argument in Gap evidence No. 7, the defendant acknowledged that the defendant made a statement to the plaintiff on September 16, 2020, which included six months to two months before the termination of the above lease agreement under the above provision. However, in full view of Gap evidence Nos. 5 and 8, and Gap evidence Nos. 9, the plaintiff made a statement to the defendant that the plaintiff was planning to move into the apartment of this case on August 9, 2020, considering the overall purport of the argument, the plaintiff refused to move into the apartment of this case as the defendant refused to move into the apartment of this case. < Amended by Presidential Decree No. 22650, Nov. 10, 2020>