(영문) 수원지방법원 2019.05.23 2018나67640

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(영문) 수원지방법원 2019.05.23 2018나67640

건물명도(인도)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On July 11, 2016, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) from D, and the same year:

8. 17. The registration of ownership transfer shall be completed.

B. On November 27, 2016, between E (F before the Defendant’s name) and E, the Plaintiff prepared to E a lease agreement (Evidence A No. 250,00 won for the term of lease from November 27, 2016 to November 26, 2017, on which the Plaintiff set the term of lease of 127.3 square meters of the branch floor of the instant building (hereinafter “the branch floor of the instant building”) of the instant building from November 27, 2016 to November 26, 2017, and leased the branch floor of the instant building (hereinafter “instant lease agreement”), and the said lease agreement stipulated the following special terms.

One million won out of the deposit 3 million won shall be paid until January 30, 2017, and the remaining two million won shall be paid until February 28, 2017.

In principle, the lease contract shall be null and void at the time of the second-year arrears.

No lessee may transfer the right of lease or offer security to another lessee without the consent of the lessor.

C. After that, E delayed payment of the above deposit and the rent for January and February 2017, the Plaintiff sent to E a certificate of content that the instant lease contract is terminated on April 20, 2017, on the grounds of delinquency in payment of deposit and monthly rent, etc., and E received a certificate of content around that time and remitted KRW 2 million to the Plaintiff’s deposit account unilaterally on May 19, 2017.

On the other hand, the second floor of the building of this case is occupied and used by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant occupies and uses the ground floor of this case without legitimate possession authority. Thus, barring special circumstances, the owner of the above building is obliged to deliver the above ground floor to the plaintiff, who is the owner of the above building.

B. As to the Defendant’s assertion and judgment, the Defendant is the former owner of the instant building.

유사 판례

-수원지방법원 평택지원 2018.05.30 2017가단60541

-서울지법 2003. 8. 27. 선고 2002나52731 판결

-서울북부지방법원 2019.01.11 2018가단112601

-수원지방법원성남지원 2015.02.13 2012가단9835

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