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(영문) 수원지방법원 2018.05.31 2017가단35904
건물명도등
Text

1. The Defendant shall attach from the Plaintiff KRW 10,00,000 to the 130.22m2m2 of the real estate on May 1, 2017 as indicated in the attached list.

Reasons

1. Facts of recognition;

A. On April 5, 2013, C leased the lease deposit amount of KRW 10,00,000, monthly rent of KRW 350,000, and the lease term of KRW 350,00,00 from April 30, 2013 to April 29, 2015, the lease contract was implicitly renewed after the expiration of the above lease term (hereinafter “instant lease contract”).

On April 29, 2017, the Defendant paid the rent to C in arrears. On October 31, 2017, C sent a mobile phone text messages stating that “I will notify the Defendant of the termination of the contract because the rent was overdue for seven months as of October 31, 2017.”

C. Meanwhile, the Plaintiff purchased all commercial buildings listed in the separate sheet from C on July 31, 2017, and completed the registration of ownership transfer on November 6, 2017.

C On November 3, 2017, on the ground that the order of the instant store, etc. was delayed between the Plaintiff and the Plaintiff, instead of giving up KRW 8,730,320, the Plaintiff drafted a written waiver of the purport that the instant store, etc. will transfer the overdue rent claim against the instant store, etc. to the Plaintiff, the purchaser. On April 30, 2018, the Plaintiff notified the Defendant of the said assignment of claim with content certification.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 13, 14, and 15 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated by the lessor’s declaration of intent to terminate the contract for the reason of the lessor’s default of rent for more than three years.

Therefore, the Defendant, barring special circumstances, raises objection according to the termination of the lease agreement to the Plaintiff who succeeded to the status of the lessor under the instant lease agreement.

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