건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On December 30, 2003, the Defendant entered into a contract on the lease of real estate (hereinafter “instant apartment”) listed in the separate sheet (hereinafter “instant apartment”) as constructed rental housing (hereinafter “instant lease contract”) (hereinafter “instant apartment”), and continued to renew the said lease contract, and entered into an agreement on the termination as follows.
Article 10 (Cancellation and Termination of Lease Contract) (1) Where a defendant commits an act falling under any of the following subparagraphs, he/she may cancel or terminate this contract, or refuse to renew the lease contract:
2. Article 13 of the former Rental Housing Act (amended by Act No. 6916, May 29, 2003) which was in force at the time of the instant lease agreement under Article 13 of the Rental Housing Act (amended by Act No. 6916, May 29, 2003) stipulated that “a lessee of a rental house shall not transfer the right of lease (including sale, donation and other acts accompanying the alteration of rights, but excluding inheritance) or may not sublease the rental house to another person: Provided, That this shall not apply
In case where he transfers the right of lease of a rental house to another person or subleases the rental house in contravention of the provisions.
B. On August 4, 2016, the Plaintiff purchased the instant apartment from Gwangju Construction, and completed the registration of ownership transfer on the 26th day of the same month.
C. On October 25, 2016, the Plaintiff sent to the Defendant a certificate that the instant lease contract is terminated on the grounds of sub-lease of the instant apartment. The instant complaint asserts the same content, and sought the delivery of the instant apartment.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, Eul's 2, and the purport of whole pleading
2. Determination
A. The plaintiff alleged by the 1st party as to the cause of the claim is the defendant of this case.