(영문) 수원지방법원 안산지원 2021.02.17 2020가단9503

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(영문) 수원지방법원 안산지원 2021.02.17 2020가단9503

건물명도

Text

1. The defendant,

(a) deliver buildings listed in the separate sheet to the plaintiff (the designated party) A and the sperm;

(b) December 2019.

Reasons

1. Facts of recognition;

A. On May 1, 2018, the Defendant leased the building listed in the separate sheet (hereinafter “instant building”) from Nonparty G and H (hereinafter “the instant building”) as KRW 120 million for lease deposit, by March 29, 2019, by March 29, 2019, and by March 27, 140,000 for rent monthly (hereinafter “the instant lease agreement”). G and H sold the instant building on June 27, 2019. On July 31, 2019, the Plaintiff (the appointed party) sold the instant building with respect to 1/20 shares, and the Selection C completed the registration of ownership transfer as to 1/2 shares for 1/2 shares, Appoint, I, D, and F, 3/20 shares, respectively.

(c)

According to the renewal of the instant lease agreement, the Defendant occupied and used the instant building until now, and was in arrears after December 30, 2019.

(d)

The Plaintiff (Appointed Party) notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent, by serving a duplicate of the instant complaint.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff (the appointed party) and the sperm succeeded to the status of a lessor under the lease agreement of this case (Article 3(2) of the Act on the Protection of Commercial Building Lease), and the Defendant delayed to pay the rent under the lease agreement of this case, and the Plaintiff (the appointed party) notified the termination of the lease agreement of this case on the ground of this, the lease agreement of this case was lawfully terminated.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff (the appointed party) and the sperm from December 30, 2019 to December 77, 200 won per month (i.e., 1540,000 won x 1/20), monthly to the plaintiff (the appointed party) and the plaintiff (the appointed party) from December 30, 2019 to the completion date of delivery of the building above (i.e., 70,00 won per month (=1540,000 won x 1/2), to the selection party C, 231,00 won per month (=1.540,00 won x 3/20).

3. Accordingly, the Plaintiff’s claim of this case is reasonable.

유사 판례

-수원지방법원안산지원 2019.04.05 2018가단16942

-제주지방법원 2020.05.26 2019가단8558

-수원지방법원안산지원 2020.12.18 2020가단67257

-수원지방법원평택지원 2015.09.18 2015가단4448

-대전지방법원 2019.08.08 2019가단111612