건물명도
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
1. Determination as to the claim against the defendant B
A. The Plaintiff’s judgment on the cause of the claim completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on March 6, 2015, and the fact that Defendant B currently occupies the instant real estate may be acknowledged either as a dispute between the parties or as a whole by taking into account the purport of the entire pleadings in the statement in the evidence No. 1.
According to the above facts of recognition, Defendant B is obligated to deliver the instant real estate to the Plaintiff, except in extenuating circumstances.
B. (1) The above defendant's assertion did not perform the following basic duty of care required for the lessor and owner in a series of processes, such as the lease contract and termination of the real estate of this case.
First, the monthly rent contract (Evidence A) prepared and presented by Defendant C was signed instead of the lessee’s seal imprint, and did not attach a certificate of seal impression or real name certificate, and the down payment and remainder are not transferred in the name of Defendant B, which is the lessee. However, even though there were sufficient circumstances to suspect whether the above Defendant is a true lessee under the monthly rent contract, the above Defendant was engaged in all business affairs to Defendant C, and the monthly rent contract (Evidence A (Evidence 2) contains the mobile phone number (D). Thus, even if the Plaintiff made a telephone call to Defendant B, it could simply check the authenticity of the contract and prevent the damage of the Plaintiff itself and the Defendant.
In addition, the first month after the monthly rent contract was in arrears, and in the absence of direct face-to-face or telephone call with the lessee, it is a general lessor's measure to confirm the authenticity of the contract, occurrence of accidents, etc. by calling the phone number of the lessee stated in the monthly rent contract. However, the plaintiff did not take all such procedures. Furthermore, the plaintiff is the broker office.