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(영문) 서울북부지방법원 2018.07.13 2018가단2148
건물인도 등
Text

1. Defendant B: The Plaintiff

(a) deliver an apartment recorded in the attached Form;

B. From March 1, 2018, 64,200 won and the same from March 1, 2018.

Reasons

1. Facts of premise;

A. On May 3, 2017, between Defendant C (Defendant B’s husband) and Defendant C (Defendant B’s husband), the Plaintiff leased an apartment building indicated in the attached Form owned by the Plaintiff as the lease deposit amount of KRW 5,000,000, monthly rent of KRW 500,000 (after June 1, 2017), and the lease term of KRW 1 to May 31, 2019.

B. Under the above lease contract (hereinafter “the lease of this case, etc.”), the arrears in the rent of the two-term period under the above lease contract is a ground for termination of the lease contract. The Defendant B, even though having received the apartment as indicated in the attached Form, did not pay KRW 2,00,000,000 in total for four months until February 28, 2018, and management expenses.

C. At the time of the closing of the argument in the instant case, the apartment recorded in the separate sheet is owned by Defendant B rather than Defendant B, the lessee, and on the other hand, Defendant B transferred KRW 2,500,000 to the Plaintiff on March 29, 2018, which was subsequent to the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 5 evidence, purport of the whole pleadings

2. Determination

A. According to the premise on the termination of the lease of this case, the Plaintiff did not pay the rent of Defendant B for 4 months prior to the instant lawsuit, and the Plaintiff had terminated the instant lease contract as the grounds for termination and sought the delivery of the apartment as indicated in the attached Form (the Plaintiff terminated the said lease due to the content certification prior to the instant lawsuit for the foregoing reason; however, the other party of the termination indicated in the above content certification is Defendant C, not Defendant C, but Defendant C, and there is no evidence to deem that Defendant C had the right to representation regarding the receipt of termination notice, and thus, it is evident that the duplicate of the written complaint was delivered to Defendant B on March 5, 2018, and thus, the said lease was lawfully terminated.

B. As long as the instant lease contract was lawfully terminated as to whether the duty of delivery and the duty of eviction was recognized, Defendant B, as the lessee, regardless of whether or not he occupies the apartment indicated in the separate sheet, is an apartment building indicated in the separate sheet.

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