logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원제천지원 2019.05.29 2018가단158
건물인도
Text

1. The defendant shall be the plaintiff.

(a) Attached 1 List No. 7, 8, 9, 9.

Reasons

1. Basic facts

A. D was an owner of a building listed in the attached Table 1 list and a building with approximately KRW 66 square meters of an unauthorized building, which connects each point in the attached Form 7, 8, 9, 10, and 7, which are located on the attached Table 1 list, in turn.

(hereinafter referred to as “each of the instant buildings”)

B. The Plaintiff purchased each of the instant buildings from D on November 7, 2017 in KRW 20,000,000, and completed the registration of ownership transfer on November 10, 2017 as to the buildings listed in the separate sheet No. 1 on November 7, 2017.

C. On October 2, 2016, the Defendant entered into a lease agreement with the term “600,000 won per month for rent, and from October 8, 2016 to October 7, 2018” with respect to each of the instant buildings, and occupied each of the instant buildings.

(A) The lease agreement (No. 4) of the instant lease agreement states that “E,” which is a lessor’s wife (at present, pending a divorce lawsuit), may be an issue regarding the validity of the said lease agreement. However, the Plaintiff asserts that E entered into the said contract on behalf of Doe on behalf of Doe, and the Defendant asserts to the effect that each building of this case is a legitimate lessee. Therefore, it is not particularly problematic.

The plaintiff acquired ownership of each of the buildings of this case and demanded the defendant to pay the rent of each of the buildings of this case, but the defendant did not pay it to the plaintiff at all.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 and 10 (including each number), the purport of the whole pleadings

2. In the case of lease of a building or any other structure which determines the cause of the claim, if the annual rent of the lessee amounts to two terms and conditions, the lessor may terminate the contract;

(Article 640 of the Civil Act). The fact that the Plaintiff was not paid two or more times as a tea under the instant lease agreement from the Defendant is as seen earlier, and the Plaintiff was the Defendant on February 8, 2018.

arrow