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(영문) 서울중앙지방법원 2016.01.14 2015가단86856

건물명도

Text

1. The Plaintiff:

A. Defendant A received KRW 40,000,000 from the Plaintiff at the same time, and the Defendants are indicated in the attached Form.

Reasons

1. Basic facts

A. On August 24, 2008, Defendant A entered into a lease agreement with D on a deposit deposit of 40,000,000 won, monthly rent of 60,000 won (payment on September 30, 200), and from September 30, 2008 to 24 months from September 30, 2008, with regard to real estate listed in the attached Table of this case (hereinafter “instant housing”).

(hereinafter “instant lease agreement”). B.

Defendant A paid 40,000,000 won to D deposit, and occupied and used the instant house by taking over it, and Defendant B and C filed a move-in report with Defendant A as the parents of Defendant A, and resided together with Defendant A.

C. Although the instant housing was owned by D, on April 27, 201, the ownership was transferred to the Dan&A Co., Ltd. (hereinafter “EM”) and on July 28, 2011, the ownership was transferred to the Plaintiff.

Defendant A did not pay that monthly rent to the Plaintiff, and on October 12, 201, the Plaintiff notified Defendant A of the termination of the lease agreement on the ground that monthly rent is unpaid.

[Reasons for Recognition] Each entry of Gap 2-4 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease agreement was succeeded to the Plaintiff through melting the ownership transfer of the instant house, and the Plaintiff was notified of the termination of the lease agreement because Defendant A did not pay for more than two months a monthly rent. Thus, the instant lease agreement was terminated.

Therefore, Defendant A is a party to a lease agreement, and Defendant B and C are obligated to deliver the instant house to the Plaintiff, the owner, as the occupant of the instant house.

(2) The Defendants asserted that Defendant A does not have a duty to pay monthly rent since he did not receive monthly rent after he acquired the ownership of the instant housing.

Only 1 and 2 descriptions of the evidence Nos. 3 1 and 2, the instant lease agreement between greens and E.S.