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(영문) 서울중앙지방법원 2015.09.08 2015가단5062879
건물명도
Text

1. The defendant shall be the plaintiff.

A. From 8,925,871 won to 8,925,871, the real estate listed in the separate sheet from August 12, 2015.

Reasons

1. Basic facts

A. On February 7, 2013, the Defendant entered into a lease contract between Nonparty C and the Defendant, with a deposit of KRW 50,00,000, monthly rent of KRW 2,300,000 (based on January 28, 201, the rent of KRW 28), the lease term of KRW 2,30,000 (based on January 28, 201), from February 28, 2013 to February 28, 2015 (based on February 24, 2015, the Defendant leased (hereinafter referred to as “the instant apartment”) real estate listed in the attached Table (hereinafter referred to as “the instant apartment”), and had an opposing power upon delivery of the instant apartment.

B. The Plaintiff’s acquisition of the instant apartment and succession to the status of a lessor (1) on June 4, 2014, upon purchasing the instant apartment from the said C, the Plaintiff agreed to succeed to the status of a lessor of the instant apartment from the said C, but the Plaintiff agreed to the said C to pay monthly rent and management fee claims against the Defendant, which may arise until July 3, 2014, which is the remainder payment date of the said apartment sales contract, to the said C, and the monthly rent and management fee claims that may arise thereafter, belong to the Plaintiff, respectively.

(2) Meanwhile, as of July 3, 2014, the Defendant delayed to pay KRW 9,200,000 (from March to June 4, 2014) as of March 3, 2014, but the Plaintiff directly paid KRW 9,20,000 to the said C after the Plaintiff succeeded to the lessor status of the instant lease, but did not pay the unpaid management expenses as of June 29, 2014 until the end. The Defendant’s unpaid management expenses as of July 3, 2015 are KRW 3,735,420.

C. (1) On the other hand, around July 3, 2014, the Plaintiff completed the registration of the transfer of ownership on the instant apartment, and notified the Plaintiff to pay rent three times from October 14, 2014 to November 17, 2014, and the Defendant continued to pay the rent. On November 28, 2014, the Plaintiff demanded the Defendant to deliver the instant apartment on the ground of the termination of the instant lease agreement, by notifying the Defendant of the termination of the lease agreement on the ground of the rent delay.

(2) Accordingly, on December 19, 2014, the Defendant rendered the instant case to the Plaintiff on February 28, 2015, the expiration date of the instant lease term.

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