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(영문) 서울중앙지방법원 2016.09.29 2016가단5092822
건물명도 등 청구의 소
Text

1. The defendant

A. To deliver the real estate stated in the separate sheet to the plaintiffs;

B. The plaintiff A is entitled to KRW 3,500,000, and the plaintiff B.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners (each of 1/3 of the co-owners of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 27, 2014, the Plaintiffs leased the instant real estate to the Defendant by stipulating that “The lessor may terminate this contract if the amount of the rent in arrears of the lessee exceeds the amount of the rent for the second period of two years” (including value-added tax); KRW 7,920,000 (including value-added tax); the date of payment of rent: the fifth day of each month; the lease period: October 31, 2014 through October 30, 2016; and the lessor may terminate this contract.”

(hereinafter “instant lease agreement”). C.

On November 2014, the Defendant paid the rent on December 5, 2014, which was the date of the agreed payment, as well as the payment on December 5, 2014, with the fifth day of each month which was the date of the agreed payment. D.

Even according to the Defendant’s assertion, around February 2016, the Defendant’s delay in rent exceeded the two-year rent, and on this ground, the duplicate of the instant complaint containing the Plaintiffs’ intent to terminate the instant lease agreement and to seek the delivery of the instant real estate reaches the Defendant on May 9, 2016.

E. As of July 31, 2016, the sum of the rent payable by the Defendant is KRW 10,490,000.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was lawfully terminated by the plaintiffs' notice of termination on the grounds of not less than two years of arrears.

Therefore, the Defendant’s transfer of the instant real estate to the Plaintiffs, and ② as to the sum of unpaid rent of KRW 10,490,00,00 to the Plaintiff A, as claimed by the Plaintiffs, regarding the amount of KRW 3,500,000, KRW 3500,000 to the Plaintiff B, and KRW 3,490,00 to the Plaintiff C, and each of the said money, from May 10, 2016 to the day of complete payment, etc.

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