(영문) 대구지방법원 2015.02.03 2014가단24973

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(영문) 대구지방법원 2015.02.03 2014가단24973

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On November 7, 2013, the Defendant concluded a lease agreement with the purport that one of the co-owners of the instant building and the instant subparagraph 101 shall not be separately determined, but shall be determined as KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

B. On January 20, 2014, the Plaintiff purchased the instant building and completed the registration of ownership transfer in the future of the Plaintiff, thereby succeeding to the status of the lessor in relation to the Defendant.

C. The Defendant paid KRW 200,000 and KRW 200,000 to C per contract day. However, from that time to October 31, 2014, the Defendant did not pay that to C or the Plaintiff. From November 1, 2014 to December 12, 2014, remitted KRW 1650,00 to the Plaintiff.

The Plaintiff notified the Defendant of the termination of the lease agreement through the duplicate of the instant complaint, on the grounds that the Defendant was in arrears on several occasions, and the duplicate of the instant complaint was served on the Defendant on June 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant's failure to pay more than the amount of rent for not less than two years to the plaintiff and the notification of the termination of the lease contract is lawful, and therefore the lease contract is terminated, the defendant is obligated to deliver subparagraph 101 to the plaintiff.

B. Furthermore, the amount that the Defendant paid to C or the Plaintiff, including KRW 2050,000,000,000,000,000,000,000,000,000,000 were to be paid by the Defendant to the Defendant until December 7, 2014 (the Plaintiff’s assertion based on the premise that the monthly rent is KRW 200,00,00,00 is recognized, is not accepted). Thus, the Defendant from December 8, 2014 to the Plaintiff.

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