건물명도 등
1.The judgment of the first instance shall be modified as follows:
The defendant, (1) the building listed in the attached list, shall be the plaintiff.
1. According to the record as to the legitimacy of the appeal for subsequent completion, the court of first instance rendered a favorable judgment against the defendant on November 12, 2014 after serving a copy of the complaint and the notice of the date of pleading by public notice, and proceeding the pleading. The original copy of the judgment was also served on the defendant by public notice. The defendant becomes aware of the fact that the first instance court was pronounced only before February 10, 2015, and filed an appeal for subsequent completion on February 16, 2015. Thus, the defendant was unable to observe the period of appeal due to any cause not attributable to it, and filed an appeal for subsequent completion within two weeks from the date on which the cause ceases to exist. Thus, the appeal of this case is lawful.
2. The Defendant asserts that the Plaintiff is not entitled to enter into a lease agreement with the Defendant as it does not own the Plaintiff’s ownership, and that the lease agreement entered into between the Plaintiff and the Defendant is null and void. As such, the Plaintiff is not entitled to enter into a lease agreement between the Plaintiff and the Defendant.
As examined below, the lease contract between the plaintiff and the defendant is valid. Thus, the prior defendant's above assertion on a different premise is without merit without further review.
3. Judgment on the merits
A. 1) The instant land, where the instant building is located, is owned by the Korea Rural Community Corporation; the Korea Rural Community Corporation leased the instant land to E on January 1, 2009; and the Korea Rural Community Corporation leased each of the instant land to E and F from January 1, 2011 to December 31, 2012; 2) The instant building is unregistered, and property tax is imposed in the Plaintiff’s father F’s name.
3) On June 15, 2009, the Plaintiff entered into a lease agreement with the Defendant under which the term of the contract was five years from June 30, 2009 to June 30, 2014, with a fixed amount of two million won per annum, to lease the instant building to the Defendant (hereinafter “instant contract”).