(영문) 부산지방법원 2018.04.25 2017가단331879

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Reasons

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자간(%)

(영문) 부산지방법원 2018.04.25 2017가단331879

건물명도(인도)

Text

1. Defendant (Appointed Party) and Appointed C shall be the Plaintiff:

(a) deliver the real estate listed in the Schedule;

Reasons

1. Facts of recognition;

A. On August 31, 2016, the Plaintiff, as a joint lessee, leased real estate listed in the separate sheet (hereinafter “instant building”) to the Defendant (Appointed Party) and the Selection Party C as a joint lessee, without a deposit, the real estate indicated in the separate sheet (hereinafter “instant building”) from the monthly rent of KRW 1,50,000 (including value-added tax and payment in advance at the end of each month), and the lease period from August 31, 2016 to August 31, 2018.

(A) Although there is a dispute over the authenticity of the completed lease contract, there is no dispute over the fact that the lease contract was entered into in the above contents. (b)

However, Defendant (Appointed Party) and Appointed C have paid only four-month rents from August 31, 2016 to December 30, 2016 (one-month rents from November 30, 2016 to December 30, 2016) and thereafter have not been paid up to December.

C. The Plaintiff served a preparatory document as of October 31, 2017 (the arrival of November 17, 2017) and notified the Defendant (Appointed Party) and the appointed party C of the termination of the instant lease agreement on the ground of the delinquency in rent.

Under the instant lease agreement, the Defendant (Appointed Party) registered the business under the name of the appointed party C, and operated convenience stores (D) in the instant building, and has been occupying and using the instant building until now.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. According to the facts of the above recognition on the part of the claim for extradition, the instant lease agreement was terminated on November 17, 2017 following the Plaintiff’s declaration of termination, as the Defendant (Appointed Party) and the Appointed C were in arrears with three or more vehicles.

Therefore, the defendant (appointed party) and the appointed party C have the duty to deliver the building of this case to the plaintiff.

As to this, the Defendant (Appointed Party) notified that the Plaintiff sold the instant building to E.

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