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(영문) 서울중앙지방법원 2019.04.11 2018가단5076091
건물명도(인도)
Text

1. The defendant shall be the plaintiff (appointed party) and the appointed party E:

A. Of one story of real estate listed in the attached Table 2 list 2, 217.72 square meters.

Reasons

1. Facts of recognition;

A. On August 6, 2007, the Defendant entered into a lease agreement with the deceased F on the part (A) of 55,000,000 square meters on the part (a) of 53.50 square meters in the ship connected with each of the items in the attached Form 1, 2, 3, 4, and 1 of the real estate listed in the attached Table 2 list among the 1st floor of 217.72 square meters in order, which is located in the attached Table 2 list (hereinafter “instant store”), which is in possession of the instant store after delivery.

B. After the deceased on November 24, 2010, G, H, and I succeeded to the instant store. On August 31, 2012, the Defendant entered into a lease agreement with G, H, and I on a monthly rent of KRW 3,560,00 (excluding value-added tax) and from September 1, 2012 to August 31, 2014 with respect to the instant store.

C. The deceased J purchased the instant store from G, H, and I on May 20, 2016, and completed the registration of ownership transfer under the receipt No. 130179 of June 30, 2016 by the present court. The deceased on February 3, 2017, the Plaintiff (Appointed Party) and the Appointed E (hereinafter “Plaintiffs”) inherited each of the instant stores’ 1/2 shares.

On October 31, 2017, the Plaintiffs entered into a lease modification agreement with the Defendant with the term of lease deposit, monthly rent, and monthly management expenses, with the term of lease from November 1, 2017 to October 31, 2018.

E. The Defendant delays the monthly rent and monthly rent from October 1, 2017 to the date of closing the argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. Determination

A. The Defendant failed to pay the amount of monthly rent that is the monthly rent under the instant lease agreement, and the Plaintiffs notified the termination of the instant lease agreement by serving a duplicate of the complaint of this case. The instant lease agreement was lawfully terminated.

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