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(영문) 서울동부지방법원 2019.09.10 2018가단141993
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

(b) be jointly and severally liable for 53,600,000 won and the same;

Reasons

1. Facts of recognition;

가. 원고는 2005. 6. 24. 망 E(이하 ‘망인’이라 한다)에게 원고 소유의 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다) 중 86.6평(≒286.3㎡)을 보증금 9,000만 원, 임료 월 450만 원, 기간 2007. 6. 24.까지로 정하여 임대하였다.

Since then, the deposit has been increased to KRW 100 million, and the rent has been increased to KRW 500,000 per month.

B. From February 20, 2010, the Plaintiff, among the instant buildings, leased a deposit of KRW 20 million to the Deceased, KRW 1.2 million per month of rent, and the period of February 19, 2012.

C. Each of the above lease agreements was renewed after the expiration of each of the above terms. On November 25, 2017, the deceased died and jointly inherited the deceased’s property at the ratio of Defendant F, his/her wife, Defendant F, and G, his/her wife, Defendant F, and son, respectively. After that, the Plaintiff’s understanding, the Defendants succeeded to the lessee’s status and owned and used the instant building.

According to each of the above lease agreements, if a lessee fails to pay rent more than twice, the lessor may terminate the contract.

However, the Defendants paid only rent from December 2, 2017 to March 2018, and later did not pay rent. Accordingly, the Plaintiff served a duplicate of the complaint of this case and expressed to the Defendants the intent to terminate each of the above lease agreements on the instant building.

[Evidence] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and 8-2, the purport of the whole pleadings

2. The Defendants asserted to the effect that “the Plaintiff lost the right to use and benefit from the instant building pursuant to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents,” through reference documents submitted after the closing of argument in the instant case. However, the said provision prevents the previous owners from claiming against the association their own rights (i.e., the right to use and benefit from the relevant real estate) and thereby makes the project implemented by the association smooth.

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