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(영문) 서울중앙지방법원 2018.05.10 2018나4214

건물명도(인도)

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1.The judgment of the first instance shall be modified as follows:

The defendant shall provide the plaintiffs with the real estate listed in the separate sheet No. 1.

Reasons

1. The Plaintiffs completed the registration of ownership transfer (each 1/2 shares) based on the sale on July 4, 2005, No. 36622, which was received on July 4, 2005 from the Seoul Central District Court, with respect to the real estate listed in the separate sheet No. 1 list.

On December 9, 2014, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms of KRW 5,00,000,00 for lease deposit, and between December 9, 2014 and December 8, 2015, with the terms of KRW 700,000 for monthly rent (excluding value-added tax) on the second floor of the real estate listed in the attached Table 1, with the terms of KRW 49.6 square meters (hereinafter “instant real estate”).

In order to notify the termination of the contract as you wish, the term of the office lease contract of the second floor (202) of Jongno-gu Seoul Metropolitan Government D Building D (202) has expired on December 8, 2016, the office's office lease contract in Jongno-gu Seoul Metropolitan Government shall be in full and in full, the office shall be restored to its original state until December 8, 2016 and the rental deposit shall be refunded.

The instant lease agreement was renewed later, and the Plaintiffs notified the Defendant of the termination of the instant lease agreement on December 5, 2016, and around that time, the notice was served on the Defendant. The details of the notice are as follows.

Since the defendant received the above notification from the plaintiffs on December 18, 2016, the notice of termination as of December 5, 2016 to the plaintiffs on December 18, 2016 should be notified within the period from six months to one month before the expiration of the lease term, it violates this, and eventually, the notification of termination as of December 5, 2016 by the plaintiffs is invalid.

“The content-certified mail sent,” and the content-certified mail sent to the Plaintiffs around that time.

After that, the Defendant began to delay the rent from November 9, 2016 while occupying and using the instant real estate, and accordingly, the Plaintiffs were again delinquent on February 10, 2017 for a three-month period.