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(영문) 서울남부지방법원 2017.02.15 2016가단39679
건물인도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver a total of 115.04 square meters of three floors among the real estate listed in the attached list;

B. February 1, 2016

Reasons

1. Facts of recognition;

A. On September 22, 2015, the Defendant entered into a lease contract with D as to the lease deposit of KRW 30,000,000, monthly rent of KRW 500,000 (payment on the 30th of each month), and from October 31, 2015 to October 30, 2017 (hereinafter “instant lease contract”) with regard to the lease deposit of KRW 115.04,04,000 (hereinafter “instant real estate”), among the real estate listed in the attached list, which was owned by D, and from October 31, 2015 to October 31, 2015, the Defendant occupied the instant real estate.

B. The Defendant paid only the rent up to January 2016 with respect to the instant real estate, and did not pay the rent from February 1, 2016 to February.

C. The Plaintiffs purchased the instant real estate from D and completed the registration of ownership transfer on September 30, 2016. Under the implied agreement between the Plaintiffs, the Defendant, and D, the Plaintiffs succeeded to the status of the lessor under the instant lease agreement.

D has made and issued a written confirmation to the effect that all of the overdue rents are transferred to the plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the instant lease agreement was legally terminated by the delivery of the copy of the complaint of this case due to the Defendant’s delay of rent, and that the Plaintiffs were transferred the overdue interest of the Defendant that occurred prior to the date of acquisition of the instant real estate by D.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay the amount calculated by applying the rate of KRW 500,000 per month, which is the following day from February 1, 2016 to the date of delivery of the instant real estate, from February 1, 2016 to the date of delivery of the instant real estate.

B. As to the defendant's assertion and judgment, the defendant's husband cannot recover the money that the defendant's husband lends to his father.

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