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Reasons
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(영문) 서울서부지방법원 2017.12.14 2017가합36987
건물명도(인도)
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1. 피고는 원고에게 별지 목록 기재 건물 1층 463.83m^2, 2층 중 별지 도면 표시 ①, ②, ③, ④, ⑤,...

Reasons

1. Facts of recognition;

A. On March 26, 199, the Plaintiff leased the part of Paragraph (1) of the order among the buildings listed in the separate sheet (hereinafter “instant real estate”) to the Defendant who intends to operate a motor vehicle maintenance plant. On September 2, 2015, the lease contract was finally renewed on September 2, 2015 when the contract was renewed several occasions (hereinafter “instant lease contract”). The terms related to the instant lease contract are as follows.

Section 1. Lease Deposit and Rent of the Plaintiff and the Defendant agreed to provide for the following terms in entering into the lease contract of class 1 maintenance plant;

(a) Lease deposit shall be fixed at KRW 0,000,000 per day and shall be fixed at KRW 30,000 per day on September 30, 2015 by a clerk, and the rent shall be paid by the 30th day of each month for the first day of the month.

Article 2 Lease Period, Extension and Termination

(a) The lease period shall be from September 30, 2015 to September 30, 2017:

When a building has been sold due to the plaintiff's reasons, the term of lease shall be terminated even during the term of lease.

Provided, That this shall apply after September 30, 2015.

B. On December 7, 2016, the Plaintiff: (a) sold all the buildings and lots listed in the separate sheet to Nonparty C and one other; (b) decided to pay the remainder and deliver real estate on June 7, 2017; and accordingly, (c) notified the Defendant of the termination of the instant lease on or around the end of May 2017; (d) reached the Defendant on December 8, 2016; and (e) sent a written notification to the Defendant on December 19, 2016, ordering the instant real estate to be named until May 20, 2017, by content-certified mail.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. Determination of the cause of the claim is based on Article 2(d) of the instant lease agreement.

The paragraph is even during the lease period when the building was sold due to the circumstances of the plaintiff.

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