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(영문) 서울중앙지방법원 2015.10.13 2015가단52501
건물명도
Text

1. The Plaintiff:

A. Defendant B shall specify the part of the building indicated in the attached list, among the buildings indicated in the attached list, and shall be above from July 21, 2014.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) around April 26, 2010, Nonparty E leased to Defendant B a deposit of KRW 15 million for lease, from May 21, 2010 to May 20, 2012, and from May 20, 2012, part of the building indicated in the separate sheet (hereinafter “instant loan No. 201”). Defendant C and D as parents of Defendant B, the Defendants occupied and used the instant loan No. 201 from May 21, 2010, and the said lease was renewed and continued to be renewed.

(2) On the other hand, Defendant B paid E the monthly rent of June 20, 2012, and began to delay from July 20, 2012, after Defendant B paid E the monthly rent of the rent of the rent of the rent of the rent of the rent of the rent of the rent of the rent of the rent of the rent of the rent of the rent of the lease of the lease of the lease of the lease of

(3) Thereafter, on August 28, 2014, E sold the instant loan No. 201 to the Plaintiff, and completed the registration of ownership transfer on October 1, 2014, and the Plaintiff succeeded to the lessor’s status under the said lease agreement.

(4) Meanwhile, even after the Plaintiff succeeded to the lessor’s status, the Plaintiff was in arrears with Defendant B, and on November 27, 2014, the Plaintiff notified Defendant B of the termination of the instant lease on the grounds of two or more occasions of delinquency in payment of rent. The notification reached Defendant B around that time, and the Defendants were residing in Defendant B at 201.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 3-3, and the purport of whole pleadings

B. According to the above facts, since the lease contract of this case was lawfully terminated, Defendant B was ordered to order the Plaintiff to borrow 201, and the amount of KRW 15,000,000 of the lease deposit is deducted [14,950,000 (650,000 x 23 months) out of the deposit from June 21, 2012 to May 20, 2014] and then, as the Plaintiff seeks, from July 21, 2014 to May 201 of the loan of this case.

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