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(영문) 서울중앙지방법원 2020.11.25 2019가단5270913
건물인도
Text

1. The defendant

A. Of the underground floors of the real estate listed in the attached list, the indication of the attached list 1, 2, 3, 4, 5, 6, 1-1.

Reasons

1. Basic facts

A. On or around August 25, 2001, the Plaintiff’s order 1-A between the net C.

The lease contract of this case (hereinafter referred to as the “instant lease contract”) was concluded to lease the real estate stated in the subsection (hereinafter referred to as the “instant real estate”) with the lease deposit of KRW 10 million, monthly rent of KRW 500,000,000 from September 22, 2001 to the network C with the lease term of KRW 24 months, and the lease contract of this case has been implicitly renewed.

B. Upon the death of the deceased C around October 2015, the Defendant, as the deceased’s spouse, succeeded to the lessee’s status of the instant lease agreement, and the Plaintiff and the Defendant agreed to increase the number of vehicles from November 1, 2015 to KRW 700,000 per month (including public charges).

C. At the time the Defendant succeeded to the instant lease agreement, the rent in arrears was KRW 1.5 million (per KRW 500,000,000,000). Since then, the Defendant unpaid the rent in June 2019 and September 2019, the Plaintiff urged the Defendant to pay the overdue rent by October 20, 2019 if the said overdue rent is not paid by the said deadline (hereinafter “instant notice”). The instant notice reached the Defendant around that time, and the Defendant thereafter did not pay the rent in arrears from November 20, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the instant lease contract was terminated on October 21, 2019, the following day after the Plaintiff notified the Defendant of the payment of the overdue rent, on October 21, 2019, on the ground that the Plaintiff’s assertion was two or more vehicles, the Defendant delivered the instant real estate to the Plaintiff. On November 201, 2019, KRW 4.3 million in arrears = 1.5 million in arrears until October 2012.

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