건물인도
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. D Co., Ltd., E, F Co., Ltd., and G Co., Ltd. constructed the I commercial building located in Daegu-gu H and 82, and donated it to Daegu-gu, on June 8, 2005. The Daegu Metropolitan City concluded a public property loan agreement with the above company and gave the above company the right to use and profit from the I commercial building free of charge until the end of February 2025.
B. On November 19, 2003, J and K obtained the right to use buildings listed in the separate sheet among the I commercial buildings from the above companies (hereinafter “instant stores”). The right to use and benefit from the instant stores is transferred several times, and L transfers the right to use and benefit from the instant stores on March 9, 2015.
(c)
On October 15, 2015, the Defendants entered into a commercial building lease agreement with L with a deposit of KRW 30 million, monthly rent of KRW 2.5 million, and the term of lease from December 16, 2015 to December 15, 2017 with respect to the instant store, and the said lease agreement was explicitly renewed on December 15, 2017.
(d)
L transferred the right to use the instant store to M on January 31, 2018, and M transferred the right to use the instant store to the Plaintiff on the same day, and thereafter, the right to use the instant store was transferred in sequence from the Plaintiff to M, from M to N, and from N to the Plaintiff on April 30, 2019.
E. On March 3, 2018, the Defendants concluded a commercial building lease agreement between M and M with a deposit of KRW 30 million, monthly rent of KRW 2.8 million, term of lease from February 5, 2018 to February 15, 2020 (hereinafter “instant lease agreement”).
F. On August 15, 2019, Defendant B drafted again a commercial lease agreement on the instant store (O, P, and Na, an agent of N). The said agreement succeeds to the deposit and monthly rent terms between the Defendants and M as they are, and entered into the said agreement from May 1, 2019 to February 15, 2020, which is the expiration date of the existing lease agreement.
[Reasons for Recognition]