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(영문) 서울북부지방법원 2019.02.19 2018나35705
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:

On March 9, 2012, the Defendant entered into a lease agreement with F to lease the instant leased object owned by F with F (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 6 million, monthly rent of KRW 660,000, and the term of lease by March 9, 2014.

B.F died after the conclusion of the instant lease agreement, and D and E jointly inherited.

C. D and E completed each registration of the transfer of ownership with respect to the instant real estate on May 11, 2017.

On June 1, 2017, the Defendant renewed the instant lease agreement with D and E with the terms of leasing KRW 6 million as to the instant leased object, monthly rent of KRW 660,00,000, and the lease term until March 9, 2018.

E. On July 10, 2017, the Plaintiff completed the registration of ownership transfer based on sale on May 30, 2017, and succeeded to the instant lease agreement.

F. On January 3, 2018, the Plaintiff was scheduled to reconstruct the instant real estate, and thus, refused to renew the instant lease agreement. As such, the Plaintiff sent to the Defendant a written notice of termination of the instant lease agreement, stating that the Plaintiff seeks to deliver the instant leased object at the expiration of the instant lease agreement, with content proof, and reached the Defendant on January 11, 2018.

G. On January 11, 2018, the Plaintiff sent a notice of termination of the instant lease agreement to the Defendant with content proof on the ground that “the Defendant was in arrears with the three-year period period from November 10, 2017 to January 10, 2018.”

H. The term of the instant lease expires, and the instant complaint containing the content that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent for the three-year period of delay, to the Defendant on February 6, 2018.

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