건물인도 등
1. The defendants attached to the plaintiff.
It shall be handed over the 4th floor of 304.33 square meters among the buildings entered in the list.
2. The Defendants jointly do so.
1. Facts of recognition;
A. The plaintiff is attached to attached Form.
On May 27, 1993, the Seoul Central District Court completed the registration of ownership transfer as Seoul Central District Court No. 28268.
B. On March 30, 2015, the Plaintiff attached Form 2 to the Defendant Geumdo Social Co., Ltd. (hereinafter “Defendant Geumdo”); and to the Defendant Geumdo.
Of the real estate indicated in the list, the 4th 304.33 square meters (hereinafter referred to as the “instant building”) was leased, and the monthly rent of KRW 9.9 million (including value-added tax) was agreed to receive the advance payment at the end of each month.
(hereinafter “instant lease agreement”). C.
Defendant Geum-do, with the consent of the Plaintiff, subleted the instant building to Defendant Sam-do.
The defendant Geum-do did not pay monthly rent and management expenses from February 2016.
E. On March 23, 2016, Defendant Geum-do paid the Plaintiff the rent and management expenses in arrears until April 30, 2016, and, if not paid, immediately deliver the instant building and, if refusing to deliver, issued a written confirmation to the effect that he/she would not raise any objection even if he/she arbitrarily disposes of the remaining collection, etc.
(A) 5. [Reasons for Recognition] Defendant Gold-do: Each entry and video of the evidence of subparagraphs A through 11, as a whole, and the purport of the whole pleadings: Defendant Sam-do Co., Ltd.: Judgment of deemed confession (Articles 208(3)2 and 150 of the Civil Procedure Act)
2. Determination
A. According to the above facts of recognition, Defendant Geum-do was in arrears for more than two years, and the instant lease agreement was terminated around that time when the duplicate of the complaint of this case stating the Plaintiff’s declaration of termination of the contract was served on Defendant Geum-do on July 26, 2016.
B. The Plaintiff jointly and severally delivered the instant building from February 2, 2016 to June 2016 to the third party Co., Ltd., the lessee, the Defendant Kudo-do and the third party, the Defendant Incorporated Incorporated Co., Ltd., and the Plaintiff. < Amended by Presidential Decree No. 20035, Feb. 1, 2016; Presidential Decree No. 2000, Oct. 2, 2010>