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(영문) 서울남부지방법원 2018.01.11 2017가단16758
건물명도 및 체납임대료
Text

1. The defendant is against the plaintiff succeeding intervenor.

(a) deliver the real estate listed in the annex;

(b) 13,280,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. On September 25, 2014, the Plaintiffs and the Defendant concluded a lease agreement with respect to the instant building as follows.

- A lessor: The plaintiffs, lessees: the defendant - the 3.3 million won of the lease deposit - the 3.3 million won of the rent month (including additional taxes), the 20,000 won of the management expenses - the 20,000 won of the lease period from September 29, 2014

B. After that, the instant lease contract was implicitly renewed, and the Defendant did not pay the sum of the rent and management expenses for four months from February 2, 2017 to May 2017, KRW 1,328,000.

C. On June 16, 2017, the Plaintiffs expressed their intent to terminate the instant lease agreement to the Defendant through content-certified mail on the grounds of the above Defendant’s delinquency in rent, etc., and the said content-certified mail was served to the Defendant around that time.

Plaintiff

The succeeding intervenor purchased the instant building from the Plaintiffs on August 16, 2017, when the instant lawsuit was pending, and completed the registration of ownership transfer on August 29, 2017.

E. Accordingly, the Plaintiffs transferred the status of a lessor under the instant lease agreement to the Intervenor succeeding to the Plaintiff, who is the new owner of the instant building, including the claim for the unpaid rent and management fee, and notified the Defendant of the said transfer via the content-proof mail on November 16, 2017.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated on or around June 16, 2017. Thus, the defendant is obligated to deliver the building of this case to the plaintiff succeeding intervenor who acquired the status of the lessor, including the claim for rent and management expenses not paid from the plaintiffs, and to pay the total amount of 1,3280,000 won and damages for delay.

B. As to the Defendant’s assertion (i.e., the Defendant did not delay the rent after June 2017, and thus, the validity of the instant lease agreement is null and void.

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