건물명도(인도)
1. At the request of change from the trial court, the defendant shall indicate to the plaintiff the attached drawings of the building stated in the attached list.
1. Basic facts
A. The Dmarket Merchants' Association (hereinafter "Merchant") constructed a provisional building on the G ground owned by Gangseo-gu Seoul Metropolitan Government, Gangseo-gu Seoul Metropolitan Government, and reported the construction of a temporary building to the competent Gu office on September 8, 2005.
B. On December 30, 2015, the Plaintiff purchased 10 square meters inboard part (hereinafter “instant store”) connected with E with each point of the instant building, among the instant building, from E, on May 19, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on May 19, 2016, setting the lease deposit amount of KRW 5 million, KRW 450,000,000 for the instant store, KRW 450,000 for rent monthly, and from May 30, 2016 to 12 months for the lease term (hereinafter “instant lease agreement”).
C. The Defendant paid KRW 5 million to the Plaintiff, and received the delivery of the instant store, and provided KRW 3,250,000 from July 7, 2016 to June 6, 2017, while operating the clothes store of “F.”
On August 21, 2017, the Plaintiff terminated the instant lease agreement to the Defendant on the grounds of unpaid rent, and notified the Defendant of his/her demand to deliver the instant store by May 30, 2018.
E. Meanwhile, around August 27, 2018, H filed a lawsuit against the Plaintiff seeking the delivery, etc. of the instant store (Seoul Southern District Court 2018Gadan26035, Seoul Southern District Court 2018) by asserting that the instant store violated part of his/her own land of Gangseo-gu Seoul Metropolitan Government, and that it removed the instant store and notified the transfer of the land. On December 27, 2018, H filed a lawsuit against the Plaintiff (Seoul Southern District Court 2018Gadan26035).
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 and 8, fact-finding results to the head of Gangseo-gu Seoul Metropolitan Government, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on May 30, 2018, and thus, the Defendant delivered the instant store to the Plaintiff and leased the instant lease.