건물명도(인도)
1. The defendant shall receive 30,000,000 won from the intervenor of the independent party, and at the same time, to the intervenor of the independent party.
1. Facts of recognition;
A. On May 9, 2017, the Plaintiff (hereinafter referred to as “Plaintiff”) entered into a lease agreement with the Defendant on the following terms: (a) the indication of the attached Form 2 drawings among the first floor of the building indicated in the attached Table 1 list owned by the Defendant (hereinafter referred to as “instant building”) (hereinafter referred to as “instant building”); (b) the attached Table 2 drawings among the first floor of the building owned by the Defendant (hereinafter referred to as “the instant building”); (c); and (d) the attached Table 2 drawings are indicated as follows: < Amended by Presidential Decree No. 20680, May 8, 2019>
(hereinafter “instant lease agreement”). B.
On June 7, 2018, the Plaintiff sold the instant building to E Co., Ltd., and completed the registration of ownership transfer under its name on April 30, 2019, and an independent party intervenor (hereinafter “participating”) completed the registration of ownership transfer under his/her name on the same day based on trust with respect to the said building.
C. On April 30, 2019, the Plaintiff sent to the Defendant a certificate of content that “The term of the instant lease is terminated on May 8, 2019, and thus, the delivery of the instant building until the expiration of the said term.” The said certificate reaches the Defendant around that time.
On May 7, 2019, the Defendant sent to the Plaintiff a certificate of content that the instant lease contract needs to be renewed, and the said certificate reaches the Plaintiff around that time.
E. From the time of the conclusion of the instant lease agreement, the Defendant, while engaging in retail business of selling f with the trade name “F” in the instant commercial building, occupies the instant commercial building as of the date of closing argument of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1, Byung evidence No. 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the facts of the judgment on the grounds of the Intervenor’s claim, the instant lease agreement was terminated on May 8, 2019, and thus, the Defendant is the Intervenor.