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(영문) 서울서부지방법원 2017.02.07 2016가단15054
건물인도등
Text

1. Defendant B:

A. A building indicated in the attached Table at the same time as receiving KRW 55,00,000 from the Plaintiff.

Reasons

1. Basic facts

A. On April 11, 2007, the Plaintiff entered into a lease agreement with Defendant B on a deposit for the lease of KRW 55,000,000 for the instant building, KRW 1,500,00 for the rent, KRW 1,500 for the rent, and the contract term from June 10, 2007 to June 10, 2009 (hereinafter “instant lease agreement”), and received the said lease deposit from Defendant B.

B. On September 18, 2007, Defendant B filed a business report with the Seodaemun-gu Seoul Metropolitan Government Report Number D on the ground and the second floor of the instant building as the location of the place of business.

C. On February 2014, Defendant B subleted the instant building to Defendant C, and delayed as from March 11, 2015, Defendant B’s vehicle under the instant lease agreement.

On March 9, 2016, the Plaintiff sent to Defendant B a notice on the termination of the instant lease agreement on the grounds of overdue overdue rent, sublease without permission, etc., and the next notice reached Defendant B.

E. While the instant lawsuit was pending, Defendant B paid the Plaintiff the overdue charge from March 11, 2015 to November 10, 2016.

[Ground of recognition] Reasons for not dispute, Gap evidence Nos. 4, 5, and 6, and the court's Seodaemun-gu, public health clinic, and food sanitation team's inquiry and reply, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, it is determined that the Plaintiff’s notice of the termination of the instant lease was terminated on March 10, 2016, while the instant lease was implicitly renewed.

Therefore, barring special circumstances, Defendant B transferred the instant building to the Plaintiff, and paid KRW 1,500,000 per month from November 11, 2016 to the time the delivery of the instant building is completed, and Defendant C is obligated to withdraw from the instant building.

B. As to the Defendant B’s assertion, the Defendant B was in arrears.

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