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(영문) 서울중앙지방법원 2017.11.29 2017가단5125163

건물명도(인도)

Text

1. The Defendants are to the Plaintiff.

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

(b) 4,880,000 won and from July 14, 2017.

Reasons

1. Facts of recognition;

A. On June 17, 2015, the network D entered into a lease agreement with Defendant B, setting the lease term of KRW 20,000,000,000 for lease deposit, KRW 200,000 for monthly rent (excluding value-added tax, which is paid in advance on October 14, 2015) and between October 14, 2015 and October 13, 2017 at the request of the Defendants, on September 5, 2015, the lessee’s name was changed from Defendant B to Defendant C, who is the birth.

(hereinafter “instant lease agreement,” however, the Plaintiff entered into the instant lease agreement as the network D’s representative.

On January 22, 2016, the network D notified the Defendants that “the lease contract shall be terminated because the Defendant did not pay for at least three months since October 2015,” and the Plaintiff notified the Defendants of the same content on March 21, 2016 as the network agent.

C. On February 19, 2016, Defendant C paid KRW 2 million to the network D, and thereafter deposited KRW 2.2 million with the network D’s account on March 23, 2016, KRW 22 million on May 13, 2016, KRW 22.2 million on July 25, 2016, KRW 2200,000 on August 19, 2016, and KRW 2.2 million on September 7, 2016, respectively, with the Plaintiff’s account on March 17, 2017, and KRW 200,000 on June 21, 2017.

The network D died on March 4, 2016, and the plaintiff, E, F, G, and H inherited the network D's property.

[Reasons for Recognition] Defendant B: The written evidence Nos. 1-2, 2-2, 2-3, 3-2, and 3-3, and the purport of the whole pleadings.

Defendant C: Confession

2. Determination

A. According to the facts of the determination on the ground of claim 1 as to the determination on the request for extradition, the instant lease agreement was terminated on or around January 22, 2016 due to the delinquency in rent, or on September 29, 2017, and the copy of the instant complaint stating the intent to terminate the instant lease agreement was delivered to the Defendants as the final delivery of the Defendants. Thus, the Defendants are under special circumstances.