logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.11.13 2019가단98272
건물인도
Text

The Plaintiff

A. Defendant B each point out of the first floor of the real estate listed in the separate sheet is indicated in the separate sheet No. 1, 2, 8, 9, and 1.

Reasons

1. Basic facts

A. On November 8, 2016, the Plaintiff’s attached list (hereinafter “instant real estate”) attached to Defendant B, each of which was designated and leased as KRW 10,00,00,00 for deposit money, KRW 50,00 for rent, KRW 50,000 for rent, and KRW 50,00 for rent, from November 8, 2016 to November 7, 2018, with each of the items indicated in the attached list (hereinafter “instant real estate”).

B. On January 25, 2019, D: (a) the portion of (b) part (b) in the column (hereinafter “part (b) out of the instant real estate”) (hereinafter “the instant real estate”) connected Defendant C with each of the items indicated in the Appendix Nos. 4, 5, 6, 7, and 4 among the first floor of the instant real estate, was leased, respectively, by setting the deposit amount of KRW 15,000,000, the rent of KRW 550,000, the lease period of KRW 550,000, the lease period of KRW 550,000, January 25, 2019 to January 24, 2021.

C. D died on August 3, 2019, and D’s children completed the registration of ownership transfer on August 29, 2019 for the instant real estate on August 29, 2019 due to inheritance due to a division of agreement held on August 3, 2019.

On the other hand, the Defendants did not pay the Plaintiff rent after the Plaintiff succeeded to the instant real estate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. As seen earlier, the Defendants’ determination on the cause of the claim did not delay for more than three years, which is the difference under each lease agreement on the part (a) and (b) of the instant real estate. The fact that the duplicate of the instant complaint, which contains the Defendants’ expression of intent to terminate each lease agreement on the grounds of delinquency in rent for more than three years, was clearly recorded on November 28, 2019 and November 26, 2019, and each of the above lease agreements was duly terminated on the date of delivery of the duplicate of the instant complaint.

Therefore, Defendant B is obligated to deliver each part of the instant real estate to the Plaintiff, and Defendant C is obligated to deliver each part of the instant real estate (B).

B. Determination of the Defendants’ assertion is based on the network.

arrow