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(영문) 서울남부지방법원 2018.10.10 2018가단230377
기타(금전)
Text

1. The defendant shall be the plaintiff.

(a)on the second floor 108.05 square meters of the real property listed in the separate sheet;

(b) September 1, 2016

Reasons

1. Facts of recognition;

A. On December 2, 2014, the Plaintiff leased (hereinafter referred to as “the instant lease”) the two-story 108.05 square meters (hereinafter referred to as “instant commercial building”) from among the real estate listed in the attached list to the Defendant by setting the deposit of KRW 10 million, monthly rent of KRW 1.2 million, and the period from December 31, 2014 to December 31, 2016 (hereinafter referred to as “instant lease”). However, the Defendant’s husband, entered into the instant lease contract on behalf of the Defendant).

B. From September 1, 2016, the Defendant did not pay the rent for the instant commercial building. Accordingly, around September 2017, the Plaintiff sent to the Defendant a certificate of content that “if the Plaintiff is unable to pay the rent by October 12, 2017, it shall deliver the instant commercial building.” The Defendant and the Defendant’s husband C shall also repay the rent of KRW 10 million out of the rent of the instant commercial building sealed to the Plaintiff by October 12, 2017 and repaid the remainder on or before December 31, 2017, the Plaintiff shall withdraw from the instant commercial building when the Plaintiff fails to pay the rent by October 12, 2017.

'' communicates its intent to that effect.

C. Meanwhile, the Defendant did not pay the instant commercial building from September 1, 2016 to the closing date of the pleadings of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, since the instant lease contract was terminated by the Plaintiff’s declaration of termination according to the rent delay for at least one year, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay KRW 1.2 million each month from September 1, 2016 to the delivery date of the instant commercial building.

B. On August 24, 2015, the Defendant asserts that, as the lessee of the commercial building of this case was changed to C as the husband of the Defendant, he did not have any obligation to respond to the Plaintiff’s claim.

However, as of August 24, 2015, the Plaintiff only entered into C with the name of the lessee under the same terms and conditions as the instant lease contract.

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