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(영문) 서울동부지방법원 2019.06.14 2018가단128655
건물명도(인도)
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1. The defendant shall be the plaintiff.

A. Attached 2 Map 1, 2, 3, 4, 5, 6, 14.

Reasons

1. Facts of recognition;

A. On December 23, 2010, the Defendant: (a) leased from C a building listed in the attached Table 1 list (hereinafter “instant building”); (b) a deposit of KRW 10,00,00, monthly rent of KRW 70,000, monthly rent of KRW 150,000, monthly rent of KRW 150,000, monthly rent of KRW 150,000, monthly rent of KRW 20,000, and period of lease from December 23, 2010 to December 23, 2011, part of “A” in the order of priority among the parts on the land of the instant building among the parts of the instant building.

(hereinafter “instant lease agreement”). B.

The Defendant paid 10,000,000 won to C, and operated the colorphone practice room by receiving the instant store from C, and used and benefiting from the instant store. The lease contract has been implicitly renewed every year even after the expiration of the above lease term.

In the process of the renewal of the lease contract, the management fee of the store of this case was reduced to KRW 80,000 per month.

C. C on September 25, 2017, sold the instant building to D, E, and F (hereinafter “D, etc.”), and D, etc. completed the registration of ownership transfer on January 31, 2018 with 1/3 shares as to the instant building.

D, on January 31, 2018, the instant building was entrusted to the Plaintiff and the ownership of the instant building was transferred to the Plaintiff on the same day.

E. On April 4, 2018, the Defendant paid KRW 660,000 as monthly rent and monthly management expenses for the instant store on April 4, 2018, and did not pay rent and management expenses from March 2018.

F. The Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendant’s delinquency in rent for at least two years, and the duplicate of the instant complaint was served on the Defendant on September 3, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 5, and Gap.

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