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Reasons
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(영문) 대구지방법원경주지원 2015.09.22 2015가단1324
건물명도 등
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1. As to the Intervenor succeeding to the Plaintiff:

A. 1 Defendant A shall indicate the attached Form 2 of the first floor of the building among the real estate listed in the attached Form 1.

Reasons

1. Facts of recognition;

A. The building listed in the separate sheet No. 1 (hereinafter “instant building”) was originally owned by K. However, on November 12, 2010, the Plaintiff completed the provisional registration of the right to claim ownership transfer on the said building, and completed the principal registration of the right to claim ownership transfer on May 18, 2015.

B. On May 18, 2015, the Plaintiff completed the registration of ownership transfer for L on April 20, 2015 with respect to the building. On the same day, the Plaintiff’s succeeding intervenor completed the registration of ownership transfer for reasons of trust on May 18, 2015.

C. Defendant A, B, C, D, E, F, G, and J set each of the stores listed in the column of possession of the following table from K as monthly rent and lease it as the monthly rent, and then use and benefit from each of them until now.

Part A 101,166,66 won in part A 101 (a) and part A 1,101 (b) and part B 2 B 1 (b) and part 1,166,66 won in part C 1 (c) and part 1,166,66 won in part 103 and part 1,250,000 won in part 4 D 1 (d) and 1,250,000 won in part 5 E 1 (e) and 1,16,666 won in part 106 and 600,000 won in part 7 G 1 (g) and 1 (g) of part 108,641,000 won in part 28,372,200,000 won in part 372,28,200,000 won in part 8.

D. Defendant H leased the instant first floor (h) of the instant building from K on March 27, 2013 to KRW 10,000,000 per annum, KRW 8,000,000 per annum, and the term of lease from March 15, 2013 to March 14, 2014, Defendant H leased the said store to Defendant I on May 28, 2013, by setting the lease deposit amount to KRW 10,00,000, annual rent, KRW 8,000,000, and the sublease period from June 14, 2013 to March 14, 2014, and thereafter, Defendant I transferred the said store to Defendant I and thereafter use the said store and make profits to the present day.

[Ground of recognition] The fact that there is no dispute, Gap evidence 6, 7-1 through 18, 8-1, 2, 10-2, and the purport of whole pleadings

2. Determination as to the claims of the Plaintiff’s succeeding intervenor

(a)the cause of the action;

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