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(영문) 서울중앙지방법원 2019.03.28 2018가단5051863

건물명도(인도)

Text

1. The Defendant: (a) the Plaintiff:

At the same time as receiving KRW 1,00,000 from the plaintiff, the real estate in the attached list shall be the first floor.

Reasons

1. Basic facts

A. On May 20, 2009, the Plaintiff entered into a lease agreement with C on the lease deposit amounting to KRW 1,000,000, monthly rent of KRW 300,000 (excluding value-added tax), and the lease agreement (hereinafter “instant lease agreement”) with regard to the portion of KRW 3.3 square meters inboard connected with each point of the attached drawing Nos. 1,2,3,4, and 1 of the real estate listed in the attached list among the real estate as indicated in the attached Table No. 3 (hereinafter “instant store”). < Amended by Presidential Decree No. 22129, Jun. 1, 2009>

B. The husband D of C and C operated the instant store in the name of E at the instant store, and the Plaintiff has renewed the instant lease contract several times even after the said lease term. On January 2017, the Plaintiff received KRW 5,000,000 as premium from the Defendant and transferred the status of lessee of the instant store to the Defendant.

C. On October 12, 2017, the Plaintiff sent to the Defendant a certificate of content that delivery of the instant store by March 31, 2018, and around that time, the said certificate was served on the Defendant.

From the acquisition of the tenant status to February 2019, the Defendant paid 330,000 won (including value-added tax) to the Plaintiff on a monthly basis from the 20th day of February.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as to the claim for the delivery of the instant store, although C, a lessee under the instant lease, appears to have transferred the right of lease to the Defendant without the Plaintiff’s explicit consent, in light of the fact that the Plaintiff continued to receive a monthly payment from the Defendant without any specific objection, the Plaintiff appears to have given implied consent to the transfer of the said right of lease, and thus, the status of the lessee under the instant lease is deemed to have been transferred to the Defendant.

In addition, this case.