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(영문) 서울중앙지방법원 2019.07.25 2019가단5015710

건물명도(인도)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground for claim

A. On March 26, 2016, the Plaintiff entered into a lease contract (hereinafter “instant contract”) with Defendant D, the agent of Defendant C, setting a deposit of KRW 10,00,000,000,000 for monthly rent, and the lease period from March 26, 2016 to March 26, 2018 (hereinafter “instant contract”).

B. The Defendants occupied the instant store in accordance with the aforementioned lease agreement.

C. However, on December 26, 2018, Defendant C delayed the monthly rent of 3.5 million won (5 x 700,000 won) for five-months. D.

Accordingly, the Plaintiff expressed to the Defendants the intent to terminate the instant contract several times on the ground that the overdue loan is the three-year overdue loan.

E. The instant contract was terminated in accordance with the Plaintiff’s declaration of termination on the ground of the delinquency in rent. As such, the Defendants, the joint occupant of the instant store, deliver it to the Plaintiff. Defendant C is obligated to pay to the Plaintiff the amount of rent of KRW 3.5 million and interest interest accrued therefrom, and to pay the amount of rent of KRW 700,000 per month from the following day to the delivery date of the instant store.

2. Determination:

A. The Plaintiff asserted that the amount of overdue rent would be five months in the complaint, but at the pleading, the Plaintiff changed the argument that the amount of overdue rent would be equivalent to that of February 2, 2018 and that of July 2, 2018.

(3) The Plaintiff’s declaration of termination of the contract is invalid, since the Plaintiff’s assertion of the change itself does not include a three or more different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different different ways

Therefore, it is not reasonable to claim a pre-sale and a future monetary claim to a pre-sale city under the premise of termination of the contract.

B. Next, Defendant C is the tea of February 2018 and July 2018.