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(영문) 서울남부지방법원 2017.04.26 2016가단46226

건물인도

Text

1. The defendant is against the plaintiffs:

(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 4, 5, 6, 7, and 4.

Reasons

1. Basic facts

A. On October 8, 2013, Plaintiff A, who was solely owned a building indicated in the separate sheet (hereinafter “instant building”), entered into a lease agreement with the Defendant on the terms that the said Plaintiff leased (hereinafter “instant lease agreement”) a lease deposit of KRW 10,000,000, monthly rent of KRW 715,000, monthly rent of KRW 715,000 (including value-added tax), and from October 20, 2013 to October 23, 2015 (hereinafter “instant lease agreement”).

B. After May 22, 2014, Plaintiff A donated 1/2 shares of the instant building to Plaintiff B, thereby causing the Plaintiffs to jointly own the instant building. The instant lease agreement term was implicitly renewed.

C. The Plaintiffs sent to the Defendant, on August 9, 2016, a content-certified mail stating that “the instant lease agreement shall be terminated on the ground of rent delay,” and the said content-certified mail sent to the Defendant.

Meanwhile, as of the date of closing argument in the instant case, the sum of the rent unpaid by the Defendant is KRW 3,875,00, and the Defendant continues to occupy and use the instant store, while the rent was paid to the Plaintiffs from March 20, 2017 to April 19, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including provisional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the lease of this case was lawfully terminated due to the delivery by the content-certified mail as of August 9, 2016, stating the plaintiffs' declaration of intent to terminate the lease of this case on the ground of the rent delay, and barring any special circumstance, the defendant delivers the store of this case to the plaintiffs, and the unpaid rent or rent.