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(영문) 서울중앙지방법원 2016.10.26 2016가단28703

건물명도

Text

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.

3...

Reasons

1. Indication of claim;

A. The Plaintiff concluded a lease contract with the owner of the building indicated in the attached list and then is under the duty of care for basic livelihood recipients, etc.

On September 22, 2014, the Plaintiff leased to the Defendant a rental deposit of KRW 75 million (6.5 million among them) (the Plaintiff’s 6.5 million loan to the Plaintiff and the deposit actually paid to the Plaintiff is KRW 5 million to the Plaintiff, KRW 3.5 million to the Plaintiff), KRW 10,830 to the Plaintiff, and the lease period of KRW 2 years.

The Defendant delayed monthly rent, and notified the Plaintiff that the lease contract will be terminated on September 23, 2015 and February 18, 2016. Unless the above notification is effective, at least, the delivery of the application for modification of the purport of the instant claim is to terminate the lease contract.

Therefore, the defendant has a duty to deliver the building recorded in the attached list to the plaintiff. 2. Applicable legal provisions: Article 208(3)3 of the Civil Procedure Act (by service by public notice)