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(영문) 서울남부지방법원 2020.10.14 2020가단250046

건물인도

Text

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

The costs of lawsuit shall be borne by the Defendants.

Reasons

1. Facts of recognition;

A. On September 15, 2018, the Plaintiff entered into a lease agreement with Defendant B, with the term of KRW 50 million for lease deposit, KRW 1450,000 for monthly rent, and the term of lease from September 15, 2018 to September 14, 2019 (hereinafter “instant lease agreement”).

B. Defendant B allowed Defendant C to reside in the instant real estate, and Defendant C had resided in the instant real estate from the time of the conclusion of the instant lease agreement until now.

C. From December 15, 2018, Defendant B, who paid a rent to the Plaintiff, delayed payment of rent from December 15, 2018. Accordingly, on June 30, 2020, the Plaintiff notified Defendant B that the instant lease contract was terminated on the ground of the rent delay, and the said notification reached Defendant B on July 1, 2020.

[Ground of recognition] As to Defendant B: The fact that there is no dispute against Defendant C, each entry in Party A1 or 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant B delayed the monthly rent under the instant lease agreement, and on this ground, Defendant B reached Defendant B on July 1, 2020, and the instant lease agreement was lawfully terminated on July 1, 2020. Therefore, Defendant B is obligated to deliver the instant real estate to the Plaintiff. 2) Defendant C occupied the instant real estate and the instant lease agreement was terminated, as seen earlier, Defendant C did not have any right to possess the instant real estate.

(A) According to Article 3 of the instant lease agreement, the lessee is prohibited from sub-lease or transferring the right of lease without the lessor’s consent. Accordingly, Defendant C is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate.

The defendant C is a deduction of overdue rent from the lease deposit.