(영문) 부산고등법원 2016.04.21 2015나54127

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(영문) 부산고등법원 2016.04.21 2015나54127

건물명도

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1.The judgment of the first instance, including the principal claim added or expanded or reduced in the trial and the counterclaim claim, shall be as follows:

Reasons

1. Basic facts

A. On March 26, 2014, the Plaintiff and the Defendant entered into a title trust agreement with the Plaintiff, each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) on the Defendant’s business operation (hereinafter “instant real estate”). The Plaintiff and the Defendant completed the registration of ownership transfer in the Plaintiff’s future as Busan District Court Branch No. 29892, Mar. 28, 2014.

B. On April 7, 2014, the Plaintiff and the Defendant concluded a contract with the Defendant to purchase the instant real estate from the Defendant and to lease it again to the Defendant, and on April 30, 2014, delivered the instant real estate to the Defendant.

1) The contents of a sales contract and the amount of sales for performance: KRW 350 million: The amount of KRW 500 million for the secured debt of the right to collateral security established on the instant real estate: 100 million, which is replaced by the deposit for lease: From April 7, 2014 to April 22, 2014: 20 million: The lease contract deposit for the lease contract between April 7, 2014 and April 22, 2014: the period of KRW 50 million: the special agreement from April 30, 2014 to April 29, 2019: if the annual amount of the rent reaches two, the lease contract may be terminated immediately.

C. On September 25, 2014, the Plaintiff sent a content-certified mail that contains the termination of the instant lease agreement on the grounds that the Defendant was unpaid for a period of three months, and reached the Defendant around that time.

The Defendant carried on the instant real estate by November 30, 2014, and delivered the instant real estate to the Plaintiff on July 28, 2015.

E. The Defendant, while running a business on the instant real estate, paid only the rent on April 201 and June 2014, and did not pay the remainder of the rent. The Defendant did not pay management expenses from June 2014 to November 2014.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 11, 16, Eul evidence Nos. 1, 2 and 3 (including each number), witness C and D's testimony, the purport of the whole pleadings

2. As to the principal claim.

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