(영문) 대구지방법원 2015.02.03 2014가단116605

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(영문) 대구지방법원 2015.02.03 2014가단116605

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in Appendix 1 and 2;

(b) jointly and severally with B and C 3,656,666.

Reasons

1. Facts recognized;

A. On October 5, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with B and C (hereinafter “B, etc.”) on each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”), which is owned by the Plaintiff, with a deposit of KRW 30 million (the deposit of KRW 10 million up to October 7, 201; the deposit of KRW 5 million up to January 31, 201; the remainder of KRW 15 million up to January 31, 201 shall be paid until January 31, 201; however, if the payment of the deposit is delayed, the deposit of KRW 30,000 per month; and the rental agreement for the period from October 22, 2010 to October 22, 2010 (hereinafter “instant lease”).

B. After that, the Plaintiff transferred the instant real estate to B, etc. on December 22, 2010, but B, etc. did not fully pay the remainder of the deposit and the instant real estate after the delivery date.

C. Accordingly, the Plaintiff asserted that the instant lease contract was terminated on the grounds of delinquency in rent, etc., and filed a lawsuit against the Daegu District Court 2012Kadan22012 against B, etc. seeking a building name map, etc., and the complaint of the instant case stating the said termination intention was served on Apr. 11, 2013 by the Plaintiff.

Meanwhile, from August 27, 2012, the Defendant occupied the instant real estate with the consent of B, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, evidence 2 through 6, evidence 7-1 to 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement between the Plaintiff, B, etc. is deemed to have been lawfully terminated on April 11, 2013. Thus, the Defendant, who did not assert the right to possess the instant real estate differently, delivers the instant real estate to the Plaintiff, and jointly with B, etc., jointly and severally with the Plaintiff, sought compensation for damages equivalent to the rent from August 27, 2012, the Plaintiff commenced possession from the date following the termination of the instant lease agreement. However, the instant lease agreement was concluded.

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