건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Co-ownership and lease relationship of the real estate of this case
A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was jointly owned by E and F with 1/2 shares, respectively. On October 16, 1997, F succeeded to G, H, E, Plaintiff B, and C, who are the wife of F, and upon the death of E on September 29, 2001, the E succeeded to E’s shares in the instant real estate.
B. The share of co-ownership in each of the instant real property is 3/26, G, H, Plaintiff B, and C from September 29, 2001 to the date of the closing of the argument in this case, respectively, 1/13, I 45/182, J, and K 15/91, respectively.
(hereinafter referred to as "co-owners of this case" in total)
On November 3, 2003, the co-owners of the instant case leased the instant real estate to the Defendant by setting the deposit amount of KRW 15 million, monthly rent of KRW 1750,000,000 from November 1, 2002 to October 31, 2005 (hereinafter “instant lease agreement”). D.
From November 1, 2002 to March 24, 2005, the Defendant paid approximately KRW 49 million for about 28 months (=1750,000 won x 28 months) as follows, and paid KRW 16,250,00 won and paid KRW 32,750,000.
Date: 5,250,000 June 1, 2004 June 1, 2004; 5,250,000 June 5, 2004; 250,000 on June 14, 200; 5,250,000 around September 2004; 16,250,000 aggregate
E. On January 2005, the co-owners of the instant case filed a suit against the Defendant for termination of the instant lease agreement and seeking the delivery of the instant real estate (hereinafter “instant suit”) on the grounds that the Seoul Central District Court Decision 2005Da16247, Seoul Central District Court decided to recommend settlement with the following contents.
(1) The defendant shall pay 15,00,000 won to co-owners of this case until June 30, 2005. If the defendant did not pay the above amount by the above payment date, it shall be unpaid.