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(영문) 부산지방법원 2019.01.08 2018가단320647
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) order the buildings listed in the separate sheet;

B. Gold 4,000,000 won and August 16, 2018

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant building that completed the registration of ownership transfer as Busan District Court’s Busan District Court’s receipt of registration office No. 68690 due to public sale on November 16, 2017 with respect to the building listed in the separate sheet (hereinafter “instant building”).

B. B. Before the Plaintiff acquired the ownership of the instant building, the Defendant leased and used the instant building from C, the Plaintiff’s mother, KRW 1 million, and KRW 500,000,000 for monthly rent.

C. The Defendant did not pay monthly rent from November 16, 2017, which the Plaintiff acquired the ownership of the instant building, until then.

With the service of a duplicate of the complaint of this case, the Plaintiff expressed to the Defendant that the lease contract for the building of this case is terminated on the ground of the delinquency in rent.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the lease agreement on the building of this case is deemed to have been lawfully terminated around July 26, 2018, on the record that it is clear that the delivery date of a copy of the complaint of this case, including the intention of termination of the contract on the ground of rent delay, was the date of delivery of a copy of the complaint of this case. Thus, the defendant is obligated to order the plaintiff to issue the building of this case, and to pay the plaintiff the sum of the monthly rent of 4,00,000 won (50,000 won x 8 months) in arrears from November 16, 2017 to July 16, 2018 and the amount equivalent to the annual rent of 50,000 won from August 16, 2018 to the completion date of the name of the building of this case.

B. On the determination of the Defendant’s assertion, the Defendant asserts that it is improper for C, the former owner of the instant building leased business, to not pay taxes, and to purchase them again in the public sale procedure conducted accordingly under the name of the Plaintiff, who is his own child, and to exercise his authority as if he were his own. Therefore, the Defendant cannot comply with the Plaintiff’s request.

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