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(영문) 서울북부지방법원 2015.10.29 2015가단126364
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Seongbuk-gu Seoul (Road Name Address: Seongbuk-gu Seoul D) C (C) A cement studio;

Reasons

1. On October 11, 2005, the Plaintiff’s written evidence Nos. 1 and 3 (a) as to the cause of the claim, comprehensively taking account of the overall purport of the pleadings, the Plaintiff’s written evidence No. 1 and No. 3 (a) as to the cause of the claim.

After acquiring ownership of the real estate indicated in paragraph (1) (hereinafter referred to as “instant real estate”), on January 1, 2009, the Defendant and the Defendant have leased the instant real estate with a lease deposit of KRW 10 million, monthly rent of KRW 350,000,000, and the lease term of KRW 31 December 31, 201 (hereinafter referred to as “instant lease”) but changed on December 26, 201 to January 1, 201; the Defendant delayed the lease term of KRW 400,000,000,000 from November 201 to June 30, 2015; and the Plaintiff notified the termination of the instant lease on the grounds of delinquency through the instant complaint.

According to the above facts, since the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the declaration of intention of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff in its restitution.

In addition, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 8080,000,000 that was not paid to the Plaintiff and the amount equivalent to KRW 400,000 per month from July 1, 2015 to the time the delivery of the instant real estate is completed.

2. The defendant's assertion that the defendant's husband E leases the real estate of this case from F on November 5, 1988, and the above contract continued to be renewed and succeeded to the plaintiff.

According to the evidence No. 1, E is not sufficient to recognize that the Defendant or the Plaintiff succeeded to the lease contract between E and F on November 5, 1988, only the fact that E had leased the real estate of this case by setting the lease deposit amount of KRW 40 million and the lease term of November 5, 1994.

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