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(영문) 서울중앙지방법원 2017.10.19 2016가단142241

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On January 24, 2014, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to K by setting the deposit amount of KRW 5,670,00, monthly rent of KRW 82,600, and the lease period of November 30, 2015 to K.

B. According to the lease agreement entered into at the time (hereinafter “instant lease agreement”), the lessor may terminate the contract or refuse to renew the contract in the following cases: “Where the lessee fails to pay the rent for at least three consecutive months” (Article 10(1)4) and “where the lessee fails to conclude the life-long or renewal contract even after the lease period has expired” (Article 10(1)8).

C. K did not pay rent continuously from January 2016, and even though the term of lease expires on November 30, 2015, K did not enter into a renewal contract despite the Plaintiff’s demand to renew the contract.

K died on December 6, 2014, and the Defendants inherited K’s property.

[Ground of recognition] O Defendant A, B, C, D, F, H, I, and J: Confession (the main text of Article 150(3) and (1) of the Civil Procedure Act) that there is no dispute, the respective descriptions of evidence Nos. 2, 3, and 4, the whole purport of the arguments, and the purport of the whole purport of the arguments and arguments Nos. 2, 3, and 4

2. According to the above facts of recognition, the lease of this case terminated upon the expiration of the lease term.

As such, the Defendants, K’s heir, are obligated to deliver the instant real estate to the Plaintiff.

3. Therefore, the Plaintiff’s claim against the Defendants is justified.