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(영문) 서울남부지방법원 2016.12.14 2016가단20095

건물인도

Text

1. The Plaintiff:

A. (1) Defendant C is each indicated in the Appendix 1, 2, 5, 6, and 1 among the real estate listed in the separate sheet.

Reasons

We examine the plaintiff's ground for claim.

On December 30, 2004 and August 10, 1999, the network E (hereinafter referred to as the "the network") refers to Defendant C and Defendant D and Disposition 1.

With respect to each real estate listed in the subsection (hereinafter referred to as the “instant building”), a lease contract was concluded by setting each deposit of KRW 10 million, monthly rent of KRW 400,000,000 for each one year, and each period of KRW 600,000 for each unit of the instant building. The Defendants currently use the instant building by dividing one half as indicated in the attached Form 2.

[A] The Deceased died on April 11, 2015, and the Plaintiffs, their children, succeeded to the instant building that was not yet registered.

[A] On October 29, 2015, the Plaintiffs sent to the Defendants a written peremptory notice demanding the termination of a lease agreement and the surrender of a building. Around that time, the Plaintiffs served on the Defendants by content-certified mail.

[A] The facts above 3] are recognized by comprehensively taking account of the overall purport of the pleadings, in addition to macroscopic evidence.

On the other hand, it is clear that the claim of the plaintiffs in this case includes the purport of seeking the termination of the lease contract for the reason that the lease contract expires after the lawsuit in this case is filed without the implied renewal of the lease contract.

Thus, the defendants are obligated to order the plaintiffs to clarify each occupied part on the grounds of termination of the lease contract.

Next, according to the defendants' statements about the defendants' [the annual rent amount], Gap evidence No. 4, the defendants' rent payment and overdue payment are as follows.

Defendant C: In the case of Defendant C, two times (including January 2010 and April 201) in 2010 were overdue, and the payment was made from January 2015 to April 2015, and thereafter, the payment was delayed by 440,000 won per month until October 2016, which includes the date of closing the argument in this case.

Therefore, when calculating the unpaid rent of Defendant C, the Defendant’s total amount of KRW 8,80,00 (=440,000 per month + (2 months in February 2010 + 18 months from May 2015 to October 2016) is deemed to be 8,80,000 won.

Defendant D: Defendant D-.