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(영문) 서울중앙지방법원 2019.02.14 2018나47839
건물명도(인도)
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

2. The gist of the plaintiffs' assertion was that, upon the renewal of the instant lease agreement at the defendant's request, the defendant did not pay a deposit increase by 9%, and notified the defendant to pay a monthly rent by converting a part of the lease agreement into monthly rent, and the defendant did not pay a deposit or rent in the last three months.

In addition, at the time of the conclusion of the instant lease agreement, the Plaintiffs agreed to sublease the instant real estate to the Defendant only for the category of certified judicial scrivener business, but the Defendant violated the terms and conditions of the lease by subleting the instant real estate to the lending business without

On June 7, 2017, the Plaintiffs sent to the Defendant a certificate that the instant lease contract is terminated on the grounds of unpaid rent and unauthorized loan. Accordingly, the instant lease contract was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay the money calculated at the rate of KRW 797,500 per month from June 8, 2017 when the instant lease contract was terminated to the date of completion of delivery.

3. Determination

A. On November 15, 2016, the Defendant’s renewal of the instant lease agreement had requested the Plaintiff A to renew the instant lease agreement six months prior to the expiration of the term, as seen earlier. Therefore, the instant lease agreement was renewed under the same conditions as the previous lease agreement, except as security deposit or rent.

I would like to say.

B. Whether the termination due to the unpaid rent is legitimate or not, from March 1, 2017, the security deposit of the instant lease agreement was raised by 9% from March 1, 2017 to the Defendant, and 50% of them would be converted into monthly income. Thus, on March 1, 2017.

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