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(영문) 서울중앙지방법원 2016.06.30 2015가단5380515
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) An annexed list from January 30, 2015.

Reasons

1. Facts of recognition;

A. On March 24, 2005, the registration of ownership transfer was completed in order on July 7, 2009 on each real estate listed in the separate sheet, and thereafter on January 29, 2015, the registration of ownership transfer was completed in the Plaintiff’s future.

B. Meanwhile, around November 30, 2007, the Defendant entered into a lease contract with C by setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 1,800,000, and the lease term of November 12, 2009, and operated the restaurant with the trade name of “E” at the above place. The lease contract was successively renewed and finally renewed, and the Defendant entered into a lease contract with D on June 30, 2012 by setting the lease deposit amount of KRW 80,00,000, monthly rent of KRW 2,000,000, and the lease term of KRW 30,60, June 30, 2014.

C. On September 1, 2015, the distribution schedule was prepared to distribute the remainder of 56,00,000 won, deducting the Defendant’s monthly rent of 24,000,000 won, which was unpaid, from the date of distribution of the lease deposit at KRW 80,000,000, from the Defendant, on the date of distribution of the voluntary auction procedure commenced on April 3, 2014 regarding each real estate listed in the separate list.

(However, F, a creditor of the collateral security, claimed that the unpaid monthly rent of the Defendant is about 17 months, and claimed that the unpaid monthly rent of 10,000,000 won should be deducted from the lease deposit, and filed a lawsuit of demurrer against distribution.

In January 29, 2015, the Plaintiff became the owner of each real estate listed in the separate sheet, and succeeded to the status of the lessor, the Defendant did not pay the Plaintiff monthly rent and possessed and used each real estate listed in the separate sheet until now.

[Ground of recognition] There is no dispute, and according to the above facts, Gap evidence Nos. 1 through 9 (including provisional number), Eul evidence Nos. 1 through 5, and the purport of the whole pleadings, the plaintiff's lease contract is terminated on the ground that the defendant is not able to pay monthly rent.

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