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(영문) 서울남부지방법원 2018.10.31 2018가단230292

건물명도(인도)

Text

1. The defendant against the plaintiffs

(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 4, 5, 6, 7, and 4.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiffs share each 1/2 of the buildings listed in the separate sheet (hereinafter “instant building”).

On June 15, 2017, the Plaintiffs: (a) determined and leased a lease deposit of KRW 10 million, monthly rent of KRW 650,000 (excluding value-added tax), and from June 15, 2017 to June 14, 2019 (24 months) with the Defendant, the store located in the (A) section of the attached Form No. 37.7 square meters, which successively connected each point of the items of No. 4, 5,6,7, and 4 among the 1st floor of the instant building, as the lease deposit amount of KRW 10,000,000,000,

(2) As the Defendant did not pay three or more vehicles, the Plaintiffs sent a certificate of the content of seeking the payment of overdue rent on several occasions from April 24, 2018 to May 15, 2018, but the Defendant did not pay the overdue rent.

Accordingly, on June 8, 2018, the Plaintiffs sent to the Defendant a certificate of the content that the lease contract is terminated, and filed the instant lawsuit seeking the payment of building name and late rent. A duplicate of the instant complaint containing the Defendant’s termination of the instant lease contract on the grounds of the following delay, which led to the Defendant on July 26, 2018.

(3) On the other hand, the Defendant paid the overdue rent after filing the instant lawsuit, and did not remain unpaid rent as of the date of closing argument of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 4, the purport of the whole pleadings

B. According to the above facts, at least the instant lease contract was lawfully terminated and terminated on July 26, 2018, when the duplicate of the complaint was delivered to the Defendant, and thus, the Defendant lost the source of possessory right to the instant real estate. Thus, barring any special circumstance, the Defendant delivers the instant real estate to the Plaintiff, and as requested by the Plaintiffs, the lease contract is based on the ratio of KRW 715,000 (including value-added tax) per month from October 26, 2018 to the completion of delivery of the said real estate.