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(영문) 대구지방법원 2020.11.12 2020가단6167
건물인도
Text

1. The defendant shall pay KRW 1,192,258 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. (1) On May 20, 2017, the Plaintiff entered into a lease agreement with the Plaintiff on May 20, 2017 with respect to the lease of 20 square meters in part (A) of the attached Form Nos. 1, 2, 5, 6, and 1 among the real estate listed in the attached Table (hereinafter “instant real estate”).

The lease deposit was set at KRW 500,000, monthly rent was at KRW 220,000, and the period was at KRW 12 months.

(2) The Defendant completed the resident registration on the leased object of this case, and continues to live after the expiration of the period specified in the first contract.

B. On May 29, 2020, the Plaintiff changed the ownership of the instant real estate sold the instant real estate to D Co., Ltd. (hereinafter “owner company”), and the same year.

9.1. It transferred the registration of ownership transfer.

The owner corporation transferred the registration of ownership transfer based on future trust to E, Inc. for the instant real estate.

9. 16. Refund of the registration of ownership transfer due to the reversion of trust property;

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. Where a lessee who has an opposing power under the Housing Lease Protection Act transfers a house, the transferee succeeds to the status of the lessor as a matter of course and the transferor withdraws from the lease relationship (see, e.g., Supreme Court Decision 2011Da49523, Jan. 17, 2013). In such a case, a claim for overdue rent arising prior to the expiration of the ownership of the house may be filed by the previous lessor, unless otherwise transferred.

(See Supreme Court Decision 2016Da218874 Decided March 22, 2017, etc.). B.

(1) On May 20, 2019, the Plaintiff asserted that the Defendant promised to immediately deliver the leased object when redevelopment of the leased object of this case’s real estate unit on the renewal of the lease agreement.

Since redevelopment is being promoted, it is now being promoted.

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