(영문) 광주지방법원순천지원 2016.04.22 2015가단9978

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(영문) 광주지방법원순천지원 2016.04.22 2015가단9978

건물명도

Text

1. The defendant shall deliver to the plaintiff the building C and 302 of the third floor in leisure time.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. D around January 14, 2014, paid a total of KRW 80,000,000 as a deposit for lease to the Plaintiff, and leased the building C and 302 of the third floor (hereinafter “the instant building”).

B. Afterwards D’s moving into E and F ground buildings owned by the Defendant (hereinafter “Defendant building”), and the Defendant was residing in the instant building. Around March 15, 2015, the Plaintiff and the Defendant newly concluded a lease agreement on the instant building (hereinafter “instant lease agreement”), and the details thereof are as follows.

Lease Deposit: The lease period of KRW 80,000: by March 14, 2018, the special agreement is to be entered into: The representative of H (hereinafter referred to as “H”) that the Defendant’s husband G serves as the representative of H (hereinafter referred to as “H”) shall be changed to the Plaintiff, and the E, F, and I land (hereinafter referred to as “Defendant’s land”) and the Defendant’s building shall be transferred to the Plaintiff under H’s name.

D The effect of D’s deposit of KRW 80,000,000 upon the fulfillment of the above conditions takes effect, and this Agreement shall be null and void upon the non-performance of the terms and conditions.

C. However, the Defendant did not change the H’s representative to the Plaintiff; on March 24, 2015, a voluntary auction was commenced upon the application of the court of the right to collateral security on the Defendant’s land and building; and on May 1, 2015, a provisional attachment order of KRW 92,561,797, the amount claimed by the Small and Medium Business Corporation was made; on May 28, 2015, the Plaintiff sent a content-certified mail to the Defendant on May 28, 2015, and the said content-certified mail reached the Defendant around that time.

After June 18, 2015, the registration of ownership transfer was completed in H's name with respect to the defendant's land and building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3 and 4 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement is based on the non-performance of the conditions stipulated in the special agreement.

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