logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.06.13 2019가단108708
건물명도(인도)
Text

1. Defendant E is the Plaintiff’s second floor of the building Nos. 1 listed in attached Table 2 list Nos. 1, 1 indicated in Attached Table 3, 2, 3.

Reasons

1. Plaintiff C’s claim against Defendant G

A. (1) On June 30, 2016, Plaintiff C entered into a contract on the lease of KRW 5 million deposit and KRW 500,000 per month rent (hereinafter “instant lease”) with the first floor of KRW 36.1 square meters (hereinafter “the instant building”) among the buildings listed in the attached Table 2 No. 3, which were owned by Defendant G at the time, from among the buildings listed in the attached Table 3, which were owned by Defendant G.

The fee was paid on the 30th of each month.

(2) In the instant lease agreement, the Plaintiff C stipulated that the contract may be terminated if the overdue charge reaches the amount of two months.

(4) (3) Defendant G did not pay the rent from November 2018 to March 2019, and only paid KRW 1 million, which is 2-month out of the rent charged on March 5, 2019.

(4) On March 12, 2019, Plaintiff C filed the instant lawsuit and discussed in the complaint the intent to terminate the instant lease on the grounds of unpaid fees.

Defendant G was served with a complaint on March 18, 2019.

[Ground of recognition] A without dispute, entry under subparagraph 8, significant facts in this court, purport of the whole pleadings

B. (1) Defendant G asserts that, on December 28, 2018, Plaintiff C did not have any further ownership registration for the instant building due to the trust cause, the ownership transfer registration is completed in the name of J-Housing Reconstruction Project Association. Thus, Defendant G did not have any standing to be a party.

(2) In a performance suit, only the Plaintiff’s assertion that he/she has the right to demand performance is qualified as a party, and the claim is dismissed if the right is not recognized as a result of the trial.

Plaintiff

C As long as it is alleged that C has the right to seek delivery of the building in question, the standing for parties shall be recognized.

Defendant G’s assertion is without merit.

C. According to the facts established on the basis of the determination as to the cause of the claim, the Plaintiff C, a lessor, may terminate the lease of this case by exercising the right stipulated in the contract, as the lessee G was in arrears for more than two years at the time of filing the instant lawsuit.

(e) termination;

arrow