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(영문) 서울중앙지방법원 2016.05.13 2015가단211454

건물인도

Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the annex;

B. From March 24, 2016, the above buildings are located.

Reasons

1. Facts of recognition;

A. On January 22, 2015, the Plaintiff leased to Defendant B a building listed in the attached Form (hereinafter “instant building”) KRW 10 million as the lease deposit, KRW 800,000 as the monthly rent, and the lease period from January 23, 2015 to January 23, 2016, when the lessee’s overdue rent falls short of the lessee’s rent of two terms, the lessor agreed that the lease may terminate the lease (hereinafter “instant lease agreement”), and the Defendant C, the spouse of Defendant B, operated the instant building as the office from the time the instant building was delivered to Defendant B.

B. Defendant B did not pay monthly rent and management expenses, and on November 30, 2015, the Plaintiff notified Defendant B of the termination of the instant lease agreement.

C. Monthly average management expenses concerning the instant building reach 341,196 won.

[Reasons for Recognition] Defendant B: Each entry in the evidence of Nos. 1 through 6, and the purport of the whole argument as to Defendant C: The admission of confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Plaintiff’s declaration of termination due to the overdue rent of Defendant B. Thus, Defendant B is the lessee of the lease contract of this case, Defendant C is the co-owner of the building of this case, and the Plaintiff jointly delivers the building of this case to the Plaintiff, and from March 24, 2016 (the Plaintiff asserted that the amount of KRW 10 million paid by the Plaintiff from Defendant B was deducted and extinguished as the overdue rent and management fee until March 23, 2016) from March 23, 2016 (the Plaintiff asserted that the amount of KRW 1,141,196 was deducted and extinguished as the overdue rent and management fee until March 23, 2016).

B. As to the Defendant’s assertion, Defendant B demanded that Defendant C borrow a lease deposit.