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1. The defendant
(a) Indication of the annex drawings (1), (2), (3), (4), and (4) of the ground floor of the real estate listed in the annex list;
Reasons
1. Determination as to the cause of claim
A. On November 19, 2014, A indicated in the attached Form No. 1, 2014, the Defendant indicated in the attached Form No. 1, (2), (3), (4), and (1) a part of 50 square meters inboard (a) connected each point in sequence to the Defendant (hereinafter “instant building”).
(1) The term “instant lease agreement” refers to a lease agreement (hereinafter referred to as “instant lease agreement”) that provides for a deposit of KRW 150,00,000, monthly rent of KRW 4,235,00 (including surtax), general management expenses of KRW 110,000 (including surtax), and the term from January 1, 2015 to December 31, 2019 (60 months).
(2) However, the Defendant did not pay the monthly rent from November 2015.
3) A means August 3, 2016, B, C, and D (hereinafter collectively referred to as “B, etc.”)
(4) From November 2015 to July 2016, 2016, B, etc. transferred 38,115,000 won (=4,235,000 won x 9 months). Upon delegation from A, B, etc., notified the Defendant of the termination of the lease contract on the grounds of the notification of the transfer of the rent claim and the delayed payment for at least three (3) periods. Since then, B, etc. transferred the said overdue claim to the Plaintiff on August 19, 2016, upon delegation from B, etc., the Plaintiff notified the Defendant of the transfer of the rent claim and the termination of the lease contract.
5) Meanwhile, as to the instant building on August 3, 2016, B, etc. completed the registration of ownership transfer on the grounds of “sale on June 22, 2016.” The Plaintiff completed the registration of ownership transfer on the grounds of “trust on August 3, 2016,” etc. from August 3, 2016, the Plaintiff filed an application against the Defendant for provisional injunction against the transfer of possession against the Defendant’s right to claim the delivery of the instant building as the preserved right, and received the notification of the said decision on August 24, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, each entry of evidence Nos. 34, the purport of the whole pleadings
B. According to the above facts of recognition, this case is examined.