(영문) 의정부지방법원고양지원 2014.10.23 2014가단14637

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(영문) 의정부지방법원고양지원 2014.10.23 2014가단14637

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Of the first floor below the underground of the building listed in the attached list, the attached Form No. 1, No. 2, 3, 4, and 1 of the Map No. 1, 2, 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings, comprised of sectional owners of the buildings listed in the separate sheet of a commercial building (hereinafter “instant aggregate building”).

According to the plaintiff's management rules, a management office shall be established to handle general affairs, and the management office shall have the head of the management office to manage management affairs under the order of the chairperson of the management office.

(Articles 35 and 36). (b)

On November 8, 2010, the Defendant entered into a lease agreement with the head of the instant aggregate building management office with respect to the portion (a) size of 15.6 square meters in the attached Form (a) connected in order to each point of (b) No. 1, 2, 3, 4, and 1 among the 1st underground floors of the instant aggregate building (hereinafter “instant one real estate”), on March 14, 201, with respect to the portion (b) in the attached Form (a) connected in order to each point of (b) No. 37.7 square meters in the attached Form (hereinafter “instant 2 real estate”) among the 3rd underground floors of the instant aggregate building, each of which was connected with each point of (c) No. 9, 10, 11, 12, and 9, on July 1, 2010.

C. On June 25, 2013, the Plaintiff notified the Defendant that the lease agreement on each of the instant real estate was terminated as of June 30, 2013, by failing to pay the rent to the Defendant at all.

【Ground for Recognition: Each entry of evidence Nos. 1-1, 2, and 2-1, and the purport of the whole pleadings】

2. According to the above facts of recognition as to the cause of the claim, the lessor of each of the instant real estate shall be deemed the Plaintiff. Since the lease contract of each of the instant real estate was terminated by the notification of the termination of the lease contract after the expiration of the lease period, barring any special circumstance, the Defendant shall deliver the instant real estate to the Plaintiff and occupy it.

참조조문

-집합건물의 소유 및 관리에 관한 법률

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