(영문) 인천지방법원 2019.11.28 2018가단34840

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(영문) 인천지방법원 2019.11.28 2018가단34840

건물인도등

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1. The Defendants are indicated in the annexed Form 1-2 among the real estate indicated in the annexed Form 1-1 description to the Plaintiff.

Reasons

1. Basic facts

A. As to the real estate indicated in [Attachment 1-1] real estate (hereinafter “instant real estate”), the registration of ownership transfer in the name of the Plaintiff was completed on September 28, 2018 as the registration office of the Incheon District Court was received on September 28, 2018.

B. On April 28, 2012, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the owner of the instant real estate as of April 28, 2012, stating that the term of lease was from May 24, 2012 to May 24, 2012, including that “if redevelopment is conducted, all of the contracts shall be deemed null and void (within the contract term).”

C. The Plaintiff obtained authorization to establish a housing association from the head of Michuhol-gu Incheon Metropolitan City on May 17, 2018.

The occupied portion of the instant case is used as the main point, and the Defendants jointly possess the said part.

E. The Plaintiff stated in the cause of the instant complaint that “Defendant B did not pay monthly rent equivalent to KRW 2.8 million in total seven times (from May 2018 to November), and that the instant lease agreement was terminated,” and the duplicate of the complaint reached the Defendants on January 6, 2019.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]

2. Determination

A. The plaintiff's assertion 1) The plaintiff's summary of the plaintiff's assertion is selected as follows, and the plaintiff seeks to deliver the part of possession of the case against the defendants. A) The lease agreement of this case contains a special clause that "if redevelopment is conducted, all contracts will be deemed null and void." Since redevelopment is promoted in the area where the real estate of this case is located, the lease agreement of this case was null and void in accordance with the above special agreement.

Therefore, it is true.

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