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(영문) 서울중앙지방법원 2017.05.23 2016가단5168774

건물명도

Text

1. The defendant marks 1, 2, 3, 6, 7, and 1 of the annexed drawings among the second floor of the building listed in the annexed list to the plaintiffs.

Reasons

1. Facts of recognition;

A. On January 1, 2003, Plaintiff A entered into a contract with the Defendant for the lease of KRW 15 million, monthly rent of KRW 1,130,00 (excluding value-added tax), the lease period of KRW 1,5 million, from January 1, 2003 to December 31, 2004, the Defendant occupied and used the building at around that time after delivery.

B. On September 10, 2009, Plaintiff A sent a document verifying the termination of the above lease agreement to the Defendant on the ground that the Defendant is delinquent in paying rent for 62 months.

C. Plaintiffs A and the remaining Plaintiffs are co-owners of the buildings listed in the separate sheet.

[Ground of Recognition: Facts without dispute, Gap evidence 1-1, Gap evidence 1-2-1, Gap evidence 1-3-1, Gap evidence 4-2, the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated due to the overdue charge of the defendant, the defendant is obligated to deliver the store of this case to the plaintiffs, who are co-owners of the plaintiff A or the building listed in the separate sheet.

In regard to this, the defendant alleged that he could not receive redevelopment compensation, and the plaintiff's side allowed the defendant to occupy and use the store of this case until the removal of the store of this case. However, there is no evidence to acknowledge this, and the defendant's above assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claim of this case is reasonable.