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(영문) 서울동부지방법원 2017.08.16 2017가단103734
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) Of the real estate listed in the separate sheet, the attached table 1, 2, 3, 4 and 1.

Reasons

1. Basic facts

A. On January 31, 2015, D, the owner of the real estate listed in the separate sheet, entered into a lease agreement (hereinafter “the lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20,00,000 for the leased deposit amount of KRW 20,30,000 for the portion on the ship (Ga) connected each point of 1, 20,330,000 square meters in sequence with the Defendant among the real estate listed in the separate sheet, and the lease agreement (hereinafter “the lease agreement”) was concluded between January 30, 2015 and January 30, 2016. At that time, the Defendant paid the lease deposit to D and received the delivery of the instant building, and operates the entertainment tavern in the instant building until now.

B. On August 23, 2016, the Plaintiffs purchased 1/2 shares from D among the real estate listed in the separate sheet, and acquired ownership by completing a registration of ownership transfer under the Plaintiffs’ name as to each of the above 1/2 shares on September 26, 2016, and succeeded to the lessor status under the instant lease agreement.

C. While the instant lease contract was implicitly renewed, the Defendant delayed the payment of rent, management fee, etc. after September 2016, the Plaintiffs sent to the Defendant, on December 12, 2016, a postal item certifying the termination of the instant lease contract on the grounds of delinquency, such as rent, etc. for more than two years, and the said postal item was served on the Defendant around that time.

As of May 31, 2017, the Defendant’s overdue rent, management fees, taxes and public charges, etc. (i.e., KRW 22,261,200 in total (=20,661,630 in management fees of KRW 1,437,370 in management fees of KRW 162,20 in public charges and public charges of KRW 162,20 in total), and as of the date of closing argument of the instant building, monthly rent of the instant building is KRW 2,30,00 in value-added tax (excluding value-added tax) and management fees are KRW 176,00 in total, and thereafter rent and management fees are confirmed to be equivalent to the same amount.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 5, purport of the whole pleadings]

2. Determination:

(a)the cause of the action;

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