(영문) 대구지방법원 2019.10.23 2019나305975

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(영문) 대구지방법원 2019.10.23 2019나305975

건물명도(인도)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The fact of recognition shall be offset by a loan;

Attached Form

The real estate No. 2 indicated in the list cannot be registered for ownership transfer due to the ground for the Ordinance on the Management of New Active Project Subsidies for Cheongdo-gun (10 years after the post management period). Therefore, the real estate is implemented as the provisional registration for the right to claim ownership transfer, and the seller will immediately perform the registration for ownership transfer after the completion date of the post management period ( November 25, 2018).

On May 10, 2016, the Plaintiff agreed to purchase nine real estate including each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant in KRW 195,00,000, and entered into a sales contract to deliver each of the instant real estate on May 10, 2016 (hereinafter “instant sales contract”), and entered into a special agreement on May 10, 2016, and the main contents thereof are as follows.

B. On the same day, the Plaintiff entered into a lease agreement with the Defendant to lease each of the instant real estate at the monthly rent of KRW 650,000 and the lease period from May 10, 2016 to May 9, 2019 (hereinafter “instant lease agreement”), and delivered the said subject matter to the Defendant.

C. The Defendant did not pay all the rent under the instant lease agreement.

On November 26, 2018, the Plaintiff issued a certificate to the effect that the Plaintiff would deliver each of the instant real estate to the Defendant on the grounds that the Plaintiff did not pay a rent under the instant lease agreement.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the Plaintiff’s claim, it is reasonable to view that the Plaintiff notified the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent around November 26, 2018. Therefore, the instant lease agreement was lawfully terminated upon the Plaintiff’s termination notice.

Therefore, the defendant shall list the plaintiff, except in special circumstances.

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