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(영문) 서울중앙지방법원 2018.04.24 2017가단76228

건물명도청구의 소

Text

1. The defendant,

A. Attached Form 2, among the real estate listed in the attached Table 1 list, to the Plaintiff (Appointed Party) and the appointed parties.

Reasons

1. Basic facts

A. On September 8, 2015, the deceased H (hereinafter “the deceased”) entered into the instant lease agreement with the Defendant on the following terms: (a) the store located in the separate list owned by the deceased (No. 104) (hereinafter “instant building”) was leased to the Defendant:

(1) Lease deposit: 12 million won per month (including payment after the end of each month, and management expenses) and additional tax-free (3): Termination of a lease deposit: From October 12, 2015 to October 12, 2017; if the lessee continuously delays the payment of rent on at least two occasions, the lessor may terminate the lease contract immediately.

B. On July 25, 2017, the Plaintiff (Appointed Party) and the remaining designated parties (hereinafter collectively referred to as “Plaintiffs”) completed the registration of co-ownership of the instant building on the ground of “Inheritance by consultation and division on January 18, 2017” (as for the Plaintiff (Appointed Party) and the designated parties C: 56/175, respectively, and 28/175: 28/175, Selected Party E: 15/175, 15/175, 10/175, respectively), and completed the correction procedure of registration of joint business from the instant building on September 5, 2017.

C. Around that time, the Defendant received delivery of the instant building and has operated I with the trade name “I”.

Around August 21, 2017, the Plaintiffs sent the instant lease agreement to the Defendant by content-certified mail on the ground that the Defendant had been in arrears at least twice consecutively from December 2016 to July 2017 on the grounds that the monthly rent of at least 1.1 million won (including additional tax) was in arrears. The Plaintiffs sent the instant lease agreement to the Defendant by content-certified mail. Around that time, the Plaintiffs reached the Defendant.

E. Meanwhile, the instant building was sold to Nonindicted 1 on November 4, 2017 and the ownership transfer registration was completed in the name of Nonindicted 1 on February 1, 2018 as to the entire shares of the Plaintiffs in co-owners of the instant building.

[Reasons for Recognition] Facts without a partial dispute, Gap 1-5's entries, the purport of the whole pleadings

2. Determination as to the claim for evacuation of the instant building

A. According to the above fact-finding, the existence of the duty of delivery is examined.