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(영문) 서울남부지방법원 2020.02.14 2019가단2180

건물인도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On September 21, 2016, the Plaintiff concluded a lease agreement with K and the real estate listed in the separate sheet (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 8,460,00, KRW 110,000, KRW 110,000, and the lease period from October 1, 2016 to September 30, 2018.

(hereinafter “instant lease agreement”). B.

Article 10(1)8 of the General Terms and Conditions of the instant lease agreement provides that “If a lessee fails to conclude a life expectancy or renewal contract despite the expiration of the lease contract period, the lessor may cancel or terminate this contract, or refuse to renew the lease contract.”

C. K died on June 24, 2017, and the Defendants are heirs with K’s children.

On January 23, 2019, the instant lease agreement was not renewed until the expiration of the contract term, and on January 23, 2019, the Plaintiff sent to the Defendants a content-certified mail to deliver the instant apartment to the Plaintiff by January 31, 2019.

[Reasons for Recognition] Defendant E: Each entry in the evidence Nos. 1, 2, and 3, the purport of the whole pleadings, Defendant B, C, D, F, G, H, and I: Each confession (Article 150(3) of the Civil Procedure Act) by publication (Article 208(3)3 of the Civil Procedure Act)

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement has expired not only when the term of the lease expires, but also when the Plaintiff, who acquired the right to terminate the contract pursuant to Article 10(1)8 of the instant lease agreement, expressed his/her intent to terminate the contract by sending content-certified mail on January 23, 2019. Since the Plaintiff again expressed his/her intent to terminate the contract by delivering a duplicate of the complaint, purport of the claim, and the application form for change of the cause of the claim, it was lawful upon delivery to the Defendants.

Therefore, the Defendants, who are the inheritors of K, the lessee under the instant lease agreement, are the defendants.