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(영문) 서울북부지방법원 2018.04.24 2017가단133502

건물명도(인도)

Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant A is from February 1, 2017 to Annex A.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On May 28, 2015, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 50,000,000 for the instant real estate, monthly rent of KRW 4,500,000 (value-added tax separate), from July 1, 2015 to July 1, 2020 (hereinafter “instant lease agreement”).

C. Defendant B, from around that time, has been engaged in restaurant business under the trade name “C” in the instant real estate, and has been possessed until now.

From February 1, 2017, Defendant A is in arrears with monthly rent.

[Ground of recognition] Facts not clearly disputed, Gap evidence Nos. 1 through 6 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the lease contract of this case was lawfully terminated as the complaint of this case, including the Plaintiff’s declaration of intention to terminate the contract, on the ground that Defendant A was in arrears with more than three occasions, was delivered to Defendant A, and Defendant B is in possession and use of the real estate of this case. Unless there are special circumstances, Defendant B is obligated to deliver the real estate of this case to the Plaintiff who seeks exclusion of disturbance as a lessor owner, and the Defendants deliver the real estate of this case, and ② Defendant A is obligated to pay the rent of this case calculated at the rate of KRW 4,950,000 (including value-added tax) per month from February 1, 2017 to the completion date of delivery of the real estate of this case.

3. The Defendants asserted that the judgment of the Defendants’ assertion on the instant real estate began to operate a restaurant by investing enormous facilities in the instant real estate, but were in arrears due to the business depression, and that they agreed with the Plaintiff to transfer all the rights to the instant real estate to a new lessee. However, the Plaintiff and the Plaintiff are the same.