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(영문) 서울중앙지방법원 2017.09.13 2017가단5038238

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Of the three-storys of the real estate listed in the attached Form 1, each point in the attached Form 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Facts of recognition;

A. On May 11, 201, the Plaintiff entered into a lease agreement (hereinafter “instant contract”) with the Defendant with respect to the instant unit E (hereinafter “instant unit”) regarding the instant unit E (hereinafter “instant unit”) that connects each point of the attached Table 1, 2, 3, 4, 5, 6, and 1 among the three real estate units indicated in attached Table 1, in sequence 1, 3, 3, 4, 6, and 1.

1) Contract term: From May 11, 201 to May 10, 2012, where one of the parties fails to notify the other party of his/her objection to the extension of the lease term in writing by 30 days before the expiration of the lease term, the lease term under this contract shall be deemed to have been automatically extended by six months: 4,00,000 won (excluding value-added tax) rental fee: 320,000 won per month on the last day of each month: 20,000 won per month on the last day of each month; 5,00 won per month (excluding value-added tax): In cases where the lessee has failed to pay the rental fee, management fee, etc., he/she shall pay the delinquent amount in addition to the following delinquent charges:

When the date of birth does not exceed the 10th day of the following month: when the date of birth 5/100∑ 5/100 lapses after the tenth of the following month: 10/100

B. The Defendant paid KRW 4 million to the Plaintiff on May 12, 2011.

C. On September 8, 2012, the Plaintiff was used for cerebrovascular surgery, but failed to recover. On December 31, 2013, F, the Plaintiff’s children, filed a request for a trial to commence adult guardianship with the Plaintiff (Seoul Family Court Decision 2013J 11807) and the adult guardianship for the Plaintiff was commenced on February 21, 2014.

[At the beginning, the above court appointed a lawyer as the Plaintiff’s adult guardian, but requested the Plaintiff’s family member (a spouse of the Plaintiff’s family member G and H and the F) to permit the resignation of the said adult guardian due to the separation between the Plaintiff’s family member and the F. The above court accepted this on December 1, 2014 and appointed F as the Plaintiff’s adult guardian.

On December 9, 2014, G and H filed a claim for the change of the Plaintiff’s adult guardian with the Seoul Family Court 2014Ra30916, and the said court on April 2015.