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(영문) 의정부지방법원고양지원 2019.02.20 2018가단90981

건물명도(인도)

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1. The Plaintiff, Defendant A, and Defendant B, each of the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.

Reasons

1. Under the following circumstances, the Plaintiff: (a) leased each of the real estate listed in the separate sheet to the Defendants; and (b) agreed that the lease contract may be terminated if the lease was delayed for at least three consecutive months; and (c) the lessor should be notified of the intent to renew the contract one month prior to the expiration of the lease term.

A From May 2018 to August 2018, Defendant A delayed the rent and management expenses of KRW 750,471, and did not enter into a renewal contract by the expiration date of the period on July 31, 2017.

In addition, from February 2018 to August 2018, Defendant B did not pay rent of KRW 1,323,670 and management expenses.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 3 (including the number of evidence Nos. 2 and 3) and the purport of the whole pleading

2. However, it is evident that the duplicate of the complaint of this case containing a declaration of intent to terminate each lease agreement with the Defendants on the grounds of the delinquency in the rent of the Defendants on November 15, 2018 was served on Defendant A on November 15, 2018, and on December 20, 2018, each of the above lease agreements was lawfully terminated around that time.

On the other hand, Defendant A paid the overdue rent on December 7, 2018. However, the circumstance that Defendant A paid the overdue rent only after being served with a copy of the complaint as above does not affect such termination.

Therefore, Defendant A is obligated to deliver the real estate listed in the separate sheet No. 1, and Defendant B is obligated to deliver each real estate listed in the separate sheet No. 2.

3. According to the conclusion, all of the Plaintiff’s claims against the Defendants are accepted.