(영문) 서울북부지방법원 2018.08.23 2017가단142537

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(영문) 서울북부지방법원 2018.08.23 2017가단142537

건물명도(인도)

Text

1. The Defendants are to the Plaintiff:

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

B. Joint and several 33,000.

Reasons

1. Facts of recognition;

A. From April 28, 2006, the Plaintiff and the Plaintiff’s ASEAN owned 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant building”) from April 28, 2006 and owned the instant building.

B. On December 11, 2015, the Plaintiff entered into a lease agreement with the Defendants, a lessee of the instant building, to lease the said building by setting the lease deposit of KRW 100 million, KRW 3 million (payment in advance on the last day of each month), and the lease term from December 31, 2015 to December 31, 2017 (hereinafter “instant lease agreement”). If the rent in arrears falls short of the rent in the second period, the lessor may terminate the said lease immediately, and if the lease agreement is terminated, the lessee shall restore the said building to its original state and return it to the lessor.

C. The Defendants, upon delivery of the instant building from the Plaintiff pursuant to the instant lease agreement, are occupying and using the said building until now.

The Defendants did not pay the Plaintiff the monthly rent of KRW 33 million until November 30, 2017, and continued to pay the monthly rent of KRW 33 million thereafter.

E. Accordingly, the Plaintiff notified the termination of the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendants’ delinquency in payment of rent, and each of the Defendant was served on December 21, 2017.

F. On the other hand, on June 26, 2018, F transferred to the Plaintiff the claim for return of unjust enrichment arising from the 1/2 equity interest in the instant building against its Defendants, and delegated the authority to notify the assignment of claims, and the Plaintiff notified the Defendants of the said assignment of claims by serving a preparatory document dated 2, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. Determination

A. The facts of the above recognition as to the cause of the claim.

유사 판례

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