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(영문) 대구지방법원 서부지원 2018.01.24 2017가단59045

건물명도(인도)

Text

1. The defendant is against the plaintiffs:

A. Attached Form 1, 2, 3, 4. Of 125.45 square meters per 2 households of the second floor of a building listed in the attached list, indication 1, 2, 3, 4.

Reasons

1. Basic facts

A. On October 2015, the Defendant leased, without a lease deposit, the part A of 62.7 square meters in the ship connecting each point of 1,2,3,4,5,6, and 1, from D, which owned 1/2 shares of the building indicated in the separate sheet (hereinafter “instant building”) as at the time of the time of the lease deposit, as the part A of 62.7 square meters in order of each point of 1,2,3,4,4,5,6, and 1, the second floor of the instant building (including a room, bath, kitchen, kitchen, boiler, and multi-purpose room; hereinafter “instant room”) from D who owned the second floor of the building as indicated in the separate sheet (hereinafter “instant building”). From October 1, 2015 to March 31, 2016.

(hereinafter “instant lease agreement”). B.

On April 12, 2017, the Plaintiffs purchased the instant building from D and E, co-owners of the instant building, and finished the registration of ownership transfer for 1/2 shares of each of the instant buildings in the names of the Plaintiffs on June 26, 2017, and succeeded to the lessor status under the instant lease agreement concluded between D and the Defendant.

C. However, even though the Defendant has occupied and used the instant room under the instant lease agreement, the Plaintiffs did not pay the monthly rent from the month prior to the month when the Plaintiffs could acquire the ownership of the instant building.

Accordingly, the Plaintiffs urged the Defendant to pay the overdue arrears over several occasions, and notified the Defendant of his intention to terminate the instant lease contract on the grounds of overdue arrears at the time of the filing of the instant lawsuit at the time before and after the filing of the instant lawsuit, and requested the Defendant to deliver the instant room.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease contract was terminated by the Defendant’s declaration of termination on the ground of the Defendant’s delinquency in rent, barring any special circumstance, the Defendant delivered the instant room to the Plaintiffs, and the Plaintiffs acquired the ownership of the instant building on June 26, 2017.