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(영문) 서울중앙지방법원 2021.01.14 2020가단5197854

건물인도

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall deliver the real estate listed in the separate sheet, and KRW 6,00,000 and July 5, 2020.

Reasons

1. Basic facts

A. On April 5, 2011, F entered into a lease agreement with Defendant B, a commercial building owned by Defendant B (hereinafter “Defendant B”), setting the lease deposit amount of KRW 9.8 million to Defendant B from April 1, 201 to March 31, 2013 (hereinafter “instant lease agreement”) with the lease term of KRW 500,000,000,000,000,000,000,000 from April 1, 2011, and Defendant B delayed the monthly rent of at least three months, F, a lessor, may terminate the instant lease agreement.

B. The instant lease agreement has been renewed continuously after the expiration of the above lease term. On October 25, 2016, Defendant B, with Defendant D, set several houses located in the Gangdong-gu Seoul Metropolitan Government apartment building including the instant real estate as KRW 100 million and monthly rent of KRW 7 million and Defendant D possessed the instant real estate from around that time.

(c)

On July 4, 2020, the Plaintiff purchased the instant real estate between F and F, and succeeded to the instant lease agreement, but until then Defendant B acquired the instant real estate worth KRW 6 million for 12 months in arrears, and all of its delayed claims from F, and completed the registration of transfer of ownership on July 6, 2020.

On July 9, 2020, F notified Defendant B of the transfer of the above claim by content-certified mail.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the claim against Defendant B, the Plaintiff succeeded to the lessor status of the instant lease agreement as the owner of the instant real estate, and acquired the previous lessor F’s claim for overdue rent against Defendant B, which occurred prior to the said succession, and thus, the lease contract termination right for Defendant B, the lessee, on the ground of not less than three years overdue rent.