(영문) 대구지방법원서부지원 2020.04.29 2019가단67026

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(영문) 대구지방법원서부지원 2020.04.29 2019가단67026

건물명도(인도)

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1. The defendant shall be underground among the real estate listed in the attached list to the plaintiff.

The area of a room of 149 square meters is handed over.

2. The costs of lawsuit shall be.

Reasons

1. According to the overall purport of Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, 2, 3, and 1 and 2 as to the cause of the claim, among the instant real estate between D and D, for which the Defendant owned real estate listed in the separate sheet (hereinafter “instant real estate”) on March 30, 201.

On April 30, 2019, a lease deposit of KRW 10,000, monthly rent of KRW 500,000 ( separate payment of KRW 60,000, value-added tax and water tax) and from April 1, 2011 to March 30, 2013, a lease contract was concluded between D and the Defendant for renewal of the above lease contract under the same conditions. On April 29, 2019, D sold the instant real estate to the Plaintiff and completed the registration of ownership transfer on April 30, 2019. The Defendant transferred the instant lease contract to D bank account from June 2019 to the Plaintiff, but the Plaintiff did not pay the instant real estate rent to D even after the date on which the said lease was not transferred to the bank account, and the Plaintiff asserted that D was not the owner of the instant real estate from April 19, 2019 to the date on which the instant lease was terminated.

According to the above facts, the Defendant delayed the payment of rent for at least three years to the Plaintiff who succeeded to the status of the lessor under the above lease agreement, and on this ground, it is evident that the Plaintiff’s declaration of termination of the lease agreement reached the Defendant on December 19, 2019. Thus, the above lease agreement was lawfully terminated.

Therefore, the defendant is underground among the real estate listed in the attached list to the plaintiff.

There is a duty to deliver a room of 149 square meters.

2. On the determination of the Defendant’s assertion, the Defendant’s ownership of the instant real estate on April 30, 2019.

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