(영문) 청주지방법원 2014.09.17 2014가단13266

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(영문) 청주지방법원 2014.09.17 2014가단13266

건물명도

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 2006, the Defendant asserted that the contract was renewed after renting 223.41 square meters of the commercial building of the first floor among the 4th floor building in the building of the 4th floor in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”) from the Plaintiff, and occupied it. On June 23, 201, the Defendant entered into a lease agreement with the Plaintiff at KRW 35 million and KRW 1.45 million per month of rent (hereinafter “instant lease agreement”).

On March 31, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

However, the defendant asserted on June 22, 2014 that the above lease term is five years, even though the lease term of this case expires, and continued to occupy the building of this case.

2. According to the evidence evidence No. 1, D’s judgment as to the lawfulness of a lawsuit, and D’s joint debtor and owner as the Plaintiff, and the third debtor as the Defendant, filed an application for compulsory administration on the instant building on July 1, 2014, and seized the instant real estate for the commencement of compulsory administration procedures and seizure for D’s sake. The debtor and owner shall neither interfere with the custodian’s business nor dispose of the profits from the said real estate. The third debtor shall pay the profits from the said real estate to the administrator. The third debtor shall pay the executive officer of the Cheongju District Court as the administrator. The appointment of executive officer of the Cheongju District Court as the administrator is recognized.”

On the other hand, upon the decision of commencing compulsory administration, the debtor lose the ability to use or manage the real estate, and the delivery lawsuit against the defendant who is the third debtor occupying the building of this case can also be filed only by the administrator. The debtor and the plaintiff who is the owner shall lose the standing to file a delivery lawsuit against the building of this case. Thus, the lawsuit of this case filed by the plaintiff is unlawful as it is filed by a person who has no standing to file a lawsuit for delivery.

3. Conclusion, the instant lawsuit is unlawful and dismissed.

유사 판례

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