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(영문) 서울중앙지방법원 2019.03.07 2018가단44686

건물명도 청구의 소

Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) from August 1, 2018, entry in the separate sheet is made.

Reasons

1. Facts of recognition;

A. On December 1, 2015, the Plaintiff owned 1/3 shares, respectively, by the Plaintiff, C, and D, to the Defendant.

The part of the building indicated in the attached list (the second floor of the real estate registration injury: Provided, That the current status appears to be the third floor; hereinafter referred to as the "Lease building of this case") was leased by setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 3,500,000 (prepaid on December 1, 201), the lease term of December 20, 2017, and the type of business as the entertainment office.

(hereinafter “The instant lease agreement”). The instant lease agreement includes public management expenses and value-added tax is separate, and the lessee’s overdue overdue charge falls short of the three-year rental fee, along with the fact that the lease agreement can be immediately terminated, if the lessee’s overdue charge falls short of the three-year rental fee.

B. The instant lease contract was explicitly renewed after the expiration of the lease term, and the Defendant, after receiving delivery of the instant lease building from the Plaintiff, has occupied and used the instant lease building at its location.

C. On October 5, 2018, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement was delivered to the Defendant on the grounds that the Defendant was in arrears with more than three vehicles.

around July 26, 2018, the Plaintiff filed the instant lawsuit, and around October 5, 2018, when a duplicate of the complaint reaches the Defendant, the Defendant did not delay the payment of at least three vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 6, 7 and the purport of the whole pleadings

2. Determination

A. The relevant legal doctrine becomes effective when one of the parties agrees to allow the other party to use or take profit from an object, and the other party agrees to pay rent for it. Therefore, when the lease contract is terminated.