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(영문) 서울중앙지방법원 2019.04.12 2018가단5276587
건물명도(인도)
Text

1. From 4,388,000 to 4,38,000 won, the Defendant’s real estate stated in the separate sheet from September 20, 2018 to the Plaintiffs.

Reasons

On May 2, 2015, the Defendant leased a building listed in the attached list from D to May 2, 2015, KRW 4,388,00, monthly rent of KRW 350,00, and the lease period of KRW 19,50,00, and resides therein.

As a special contract at the time of the lease contract, the lessor notified the lessee of the fact, and the lessee may terminate the contract even during the contract period, and the lessee shall accept it.

The Plaintiffs purchased 1/2 shares of each of the above buildings and completed the registration of ownership transfer on October 29, 2015, and succeeded to the lessor’s status.

The building is located in the project district of the E Housing Reconstruction Project Association, and the relocation period following the implementation of the reconstruction project was set from June 18, 2018 to January 17, 2019.

The Plaintiffs, on October 17, 2017, notified the Defendant of the termination of the lease agreement on several occasions from October 17, 2017.

On the other hand, the defendant paid the rent on September 19, 2018 and did not pay the rent thereafter.

The Plaintiffs notified the Defendant of the termination of the lease agreement by serving a duplicate of the instant complaint.

[Reasons for Recognition: (a) Comprehensively taking account of the absence of dispute, the obvious fact in record, and each of the above facts, the lease contract between the plaintiffs and the defendant was terminated on the ground that the contract was entered into a special agreement at the time of the lease agreement and the payment of the rent by the defendant, and thus, the defendant is obligated to deliver the above building at the same time as receiving the money

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