(영문) 제주지방법원 2017.11.10 2017가단56232

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(영문) 제주지방법원 2017.11.10 2017가단56232

건물명도(인도)

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

Reasons

Basic Facts

A. On December 28, 2015, the Plaintiff purchased a ground building D at Jeju-si (hereinafter “instant building”) from C and completed the registration of ownership transfer.

B. Meanwhile, around June 2008, C entered into a lease agreement with the Defendant on the part of 89 square meters and the part of 6 stories among the first floor of the instant building. Since then, C and the Defendant concluded a lease agreement on June 10, 2014 with respect to the part of 1st floor and 6th floor of the instant building, and the lease agreement was concluded on June 15, 2014 to June 14, 2019, and the lease period was set at KRW 1,50,000 per annum.

C. From Jeju City around September 2016, the Plaintiff was issued a corrective order to voluntarily remove the six floors of the instant building by October 28, 2016, along with the notification that the Plaintiff constitutes an illegal building on the ground that the water tank room and garresh part of the instant building were used and expanded for residential purposes (hereinafter “instant corrective order”).

On September 22, 2016, the Plaintiff notified the Defendant that the lease contract with the Defendant would be terminated in accordance with the order to remove the sixth floor of the instant building.

[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 1 and 2 (including additional numbers), and the purport of the whole pleadings by the plaintiff asserted that the lease contract with the defendant as to the sixth part of the building of this case succeeded from Eul (hereinafter "the lease contract of this case") was changed in accordance with the correction order of this case. Thus, the above lease contract was cancelled upon delivery of the complaint of this case. The defendant is obligated to deliver the part of the sixth part of the building of this case to the plaintiff.

Judgment

A. The rescission of a contract on the grounds of change of circumstances has occurred due to a significant change of circumstances that the parties could not have foreseen at the time of the formation of the contract, and such change of circumstances has occurred due to reasons not attributable to the party

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