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(영문) 서울북부지방법원 2019.05.31 2018가단23183

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

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

3.Paragraph 1.

Reasons

1. Around August 2, 2002, the Plaintiff, as a child of Seoul Special Metropolitan City, leased real estate (hereinafter “instant real estate”) as indicated in the separate sheet to C (hereinafter “the instant real estate”). Around September 20, 2016, the Plaintiff finally renewed the lease agreement every two years. Around September 20, 2016, the Plaintiff agreed to renew the lease agreement between C and C, 50,400 won including deposit 1,60,000, monthly rent, etc., and the term of lease from October 1, 2016 to September 30, 2018; and the Defendant, a lessee, may terminate the lease agreement if the Defendant, a lessor, fails to pay the monthly rent for at least three consecutive months.

After that, C died on March 11, 2018, and C’s children, the Defendant, who is a sole heir and the possessor of the instant real estate, is in arrears with the rent and management fee for the portion of seven months as of November 22, 2018, and the renewal of the contract was not renewed on September 22, 2018, and the increased portion of the lease contract was not paid at KRW 1,280,000. Based on the above agreement, the Plaintiff notified the termination of the lease contract on September 1, 2018, and reached the Defendant around that time.

It is not so.

Even if the complaint of this case is filed, it shall be terminated by the service of the duplicate of the application for correction of party indication.

Nevertheless, the Defendant continuously occupies and uses the instant real estate, thereby seeking the transfer of the instant real estate against the Defendant.

2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);