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Reasons
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(영문) 광주지방법원순천지원 2017.05.30 2016가단78773
건물명도
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1. The Defendant shall deliver to the Plaintiffs the entire 85.95 square meters of the building among the real estate listed in the attached list.

2. The defendant.

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiffs are the current lessors of the entire number of real estate indicated in the separate sheet from Nonparty D and E, who acquired the entire real estate in the separate sheet from Nonparty D and E as one-half equity shares, and who completed the registration of transfer, and the entire number of real estate indicated in the separate sheet, 85.95 square meters per each floor of the building (hereinafter “instant real estate”).

B. 1) D and E on January 14, 2003 F (Defendant's birth)

B) With respect to the instant real estate, without any deposit, the monthly rent of KRW 1.5 million, and the period from January 6, 2003 to January 5, 2006: (a) the Defendant drafted a lease agreement (No. 300,000 won per month for rent, and the period from March 9, 2011 to March 6, 201; and (b) concluded a lease agreement with D without any deposit.

(3) On June 1, 2013, the Defendant drafted a lease agreement with D without a security deposit (Evidence A2) with a monthly rent of KRW 1.2 million and the period of KRW 1.2 million. C. The Plaintiffs expressed to the Defendant that the instant lease contract will be renewed on or before February 2, 2016, and that the contract will be terminated upon expiration of the contract period. Meanwhile, the Defendant continued to occupy and use the instant real estate until before the closing date of the argument in this case, and paid to the Plaintiffs the amount of KRW 1.2 million from the date of the conclusion of the instant lease contract to May 1, 2017, and thereafter, did not pay the amount of KRW 1.2 million from the date of the conclusion of the instant lease contract.

2. Determination

A. According to the above recognition of the termination of the lease of one claim for the delivery of a building, barring any special circumstance, the instant lease contract was terminated on March 6, 2016, and thus, the Defendant is the owner and lessor of the instant real estate.

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