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(영문) 서울남부지방법원 2018.08.31 2017가단25158
건물명도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On January 31, 2015, while the Plaintiff leased the real estate stated in the attached Form (hereinafter “the apartment of this case”) to E, the Plaintiff renewed the lease by setting the lease deposit amount of KRW 9,540,00, monthly rent of KRW 106,50, and the lease term from January 31, 2015 to January 31, 2017.

(hereinafter “instant lease agreement”). B.

Under the renewed lease agreement, the lessee shall notify the lessor of his/her intention of renewal by one month prior to the expiration of the lease term (see Article 1(1) of the Special Conditions for Contracts), and the reason for termination where the renewal contract is not concluded.

(see Article 10(1)(8) of the General Terms of Contracts. (c)

On the other hand, E died on July 3, 2015 after the renewal, and his heir is the defendant A, B, C, and D who is the spouse.

After the death of E, Defendant A is residing in the apartment of this case until now, and the Defendants did not succeed to or renew the lease contract of this case.

E. The Plaintiff notified the Defendants that the instant lease contract was terminated on the grounds that the contract was not renewed by the Defendants by serving the duplicate of the complaint of this case.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1-1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendants did not renew the instant lease agreement before the expiration of the lease term as stipulated in the instant lease agreement. Thus, the instant lease agreement was lawfully terminated by exercising the Plaintiff’s right to termination.

Therefore, the Defendants jointly have the duty to deliver the instant apartment to the Plaintiff, a lessor.

B. Defendant A’s assertion and judgment alleged that the remaining Defendants could not proceed with the renewal procedure because they became aware of contact with them. However, the grounds for termination of a lease agreement solely for such reasons are extinguished, or the Plaintiff’s request for extradition cannot be rejected.

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