(영문) 서울북부지방법원 2018.01.23 2017가단135751

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(영문) 서울북부지방법원 2018.01.23 2017가단135751

건물명도(인도)

Text

1. Defendant B:

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

B. From June 1, 2013, above A

subsection (b).

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration under Defendant B was completed on September 8, 2003 due to the donation from September 5, 2003.

B. On May 8, 2009, Defendant B sold the above real estate in KRW 200 million to the Plaintiff, and completed the registration of ownership transfer in the name of the Plaintiff on June 1, 2009.

C. The Plaintiff and Defendant B entered into a lease agreement with the Plaintiff to rent KRW 500,000 of the monthly rent from June 1, 2009 to May 31, 201 (hereinafter “instant lease agreement”), and the said lease agreement has been renewed. Meanwhile, Defendant B did not pay the instant lease from June 1, 2013 to the present day.

The Plaintiff lent to Defendant B a total of KRW 18 million on February 20, 2014, KRW 4 million on February 20, 2015, KRW 5 million on March 9, 2015, and KRW 18 million on August 18, 2015, and the Plaintiff did not receive any reimbursement from Defendant B until now.

E. Defendant C is his husband and wife, and the Defendants are residing in the instant real estate as of the closing date of the instant pleadings.

F. On October 25, 2017, the copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement was delivered to Defendant B on the grounds that Defendant B was in arrears for more than three months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts found as above, the instant lease agreement was lawfully terminated on October 25, 2017 by reaching the said Defendant on the following grounds: (a) the duplicate of the instant complaint, which contains the Plaintiff’s declaration of termination on the grounds of delinquency in the rent of the Defendant B.

Therefore, Defendant B transferred the instant real estate to the Plaintiff, and delayed the Defendant B’s monthly rent.

유사 판례

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