건물명도
1. The plaintiff's motion to accept the plaintiff is dismissed.
2. Of the litigation costs, the Plaintiff’s Intervenor and the Defendant (Appointed Party).
1. On October 2012, D: (a) the lease deposit is KRW 10,00,000, monthly rent is KRW 770,000 (including value-added tax), and the lease term is determined from October 1, 2012 to September 30, 2014 (hereinafter referred to as “the movable property of this case”) with respect to the real estate listed in the [Attachment 1] List from the supplementary intervenors (hereinafter referred to as the “instant building”); and (b) the lease term is determined from October 1, 2012 to September 30, 2014 as the movable property listed in the [Attachment 2] List necessary for the restaurant business at the time.
) A lease agreement (hereinafter referred to as “instant lease agreement”) was entered into, and the Selection D and the Defendant (hereinafter collectively referred to as “Defendant, etc.”) collectively occupy and operate the instant restaurant from around that time.
The Intervenor sold the instant building to the Intervenor who subscribed to the Plaintiff on August 6, 2014, and on December 19, 2014, the Intervenor completed the registration of ownership transfer on August 6, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Judgment on the Plaintiff’s Intervenor’s assertion
A. 1) The Intervenor taking over the Plaintiff had already terminated the instant lease agreement before the Plaintiff’s taking over the instant building was transferred from the Intervenor assisting the Intervenor, and the Defendant, etc. should deliver the instant restaurant, etc. to the Intervenor and pay the rent, etc. ( prime claim). 2) The Plaintiff’s taking over intervenor succeeded to the lessor’s status under the instant lease agreement from the Intervenor taking over the Plaintiff’s taking over intervenor, and the Defendant, etc. should deliver the instant restaurant to the Intervenor taking over the instant building, as the Plaintiff’s taking over intervenor or the Intervenor terminated the instant lease agreement to the Appointed D after the succeeding to the lease. Since the lease agreement was terminated, the Defendant, etc. should deliver the instant restaurant to the Intervenor taking over the Plaintiff, etc., and the Appointed D shall pay the monthly rent under the instant lease agreement after January 1, 2015