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(영문) 서울중앙지방법원 2021.01.20 2020가단5198307
부동산 인도 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. India from February 10, 2020.

Reasons

1. Facts of recognition;

A. On February 14, 2019, the Defendant entered into a lease agreement with Nonparty C on the following terms: (a) the real estate listed in the separate sheet (hereinafter “instant store”) and the underground floor D subparagraph (hereinafter “the above D store”) of the market listed in the separate sheet (hereinafter “the instant store”); and (b) the lease agreement between Nonparty C.

1) The lessor may terminate the lease contract if the lessor has not paid the monthly rent of KRW 10 million, KRW 750,000,000, monthly rent of KRW 750,000,000.

B. On April 2, 2019, the Plaintiff purchased the instant store between the Plaintiff and the Plaintiff, and entered into a contract with the Plaintiff to acquire the part of the instant store under the said lease, and completed the registration of the transfer of ownership on May 10, 2019.

2) From around that time, the Defendant paid the Plaintiff KRW 2,50,000 per month a monthly rent for the instant store.

(c)

The third party's above D's purchase and lease succession C entered into a contract with the third party on July 31, 2019 to sell the above D's stores, and to hand over the above D's stores among the above lease.

According to the above contract, the deposit for the lease on the above D's store was KRW 10 million and the rent was KRW 500,000 per month.

(d)

The Defendant’s delinquency in the rent and termination of the rent contract 1) The Defendant paid only eight-month rent to the Plaintiff, and did not pay the rent thereafter.

On July 15, 2020, the Plaintiff submitted a complaint of this case to this court stating that “The lease contract for the store of this case is terminated due to the Defendant’s failure to pay rent,” and the Defendant was served with its duplicate on August 20, 2020.

2) The buyer of the said D’s shop asserts that “the lease contract for the said D shop is terminated due to the Defendant’s delinquency in rent,” and filed a lawsuit seeking the delivery of the said shop.

[Reasons for Recognition: Unsatisfy, entry in Gap evidence Nos. 1 through 4, and pleadings.

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