건물명도(인도)
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On February 22, 2017, the Defendant leased the first floor of the building listed in the attached Table (hereinafter “instant building”) from D Co., Ltd. (hereinafter “D”) which is the former owner of the instant building, as KRW 150,000,000, monthly rent of KRW 9,000,000 (excluding value-added tax), and the lease period from March 1, 2017 to February 28, 2019.
(hereinafter “instant lease agreement”). B.
The Plaintiffs, on April 20, 2017, purchased the instant building from D and completed the registration of ownership transfer on May 26, 2017, succeeded to the lessor’s status under the said lease agreement for the first floor of the instant building.
C. The instant building consists of the first floor and the fourth floor above the ground. The first floor above the ground is a shelter and boiler room for the use of the building. The second floor is used as the “F”’s place of business by leasing E prior to the above lease by the Defendant.
On February 2019, the lease contract was terminated at the end of the end of February, 2019, and the third floor is used as the office before the Defendant’s lease. The fourth floor was leased and used by the Defendant from April 17, 2017 to October 16, 2017, and thereafter, H Co., Ltd., a lessee, agreed on the lease contract with the Plaintiffs and transferred it around February 2019.
The Defendant, while operating a cooling house by leasing the first floor of the instant building, installed a drainage pumps facility on the first floor underground before the Plaintiffs acquired the ownership of the instant building, and installed a cooling and freezing, and occupies and uses it in a cooling and freezing warehouse, etc. up to the day.
In addition, since the lease of the fourth floor of the building of this case, the defendant used part of the parking space of the first floor of the building of this case, but delivered the above part to the plaintiffs after the acquisition of the plaintiffs' ownership.
E. The Plaintiffs around October 12, 2018.