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(영문) 서울남부지방법원 2020.09.08 2020가단1121
건물명도
Text

1. The defendant is against the plaintiffs:

(a) Category 1, 2, 3, 4 and 1 of the Annex A, among the fourth floors of the buildings listed in the Annex A.

Reasons

1. Facts of recognition;

A. On July 20, 1998, the Defendant entered into a lease agreement with the following terms: (a) 200,000 won, monthly rent, 350,000 won, and one year for the lease deposit as to the portion (a) of the ship connecting each point of Section 1, 2, 3, 3, 4, 1, and 33.058 square meters in sequence of Section 33.058 square meters in the ship (hereinafter “the lease portion in this case”).

B. The Plaintiffs completed the registration of ownership transfer on the leased portion of the instant case on May 19, 2008 due to inheritance by consultation and division.

C. On July 16, 2013, the Plaintiffs concluded a lease agreement again with the Defendant (hereinafter “instant lease agreement”) with a rental deposit of KRW 5 million, monthly rent of KRW 770,000,000 on the leased portion of the instant case, and the Defendant wired the Plaintiff KRW 2 million on July 16, 2013 and KRW 3 million on July 17, 2013 to A.

From June 20, 2019, the defendant did not pay the rent to 6,160,000 won as of January 22, 2020.

E. The Plaintiffs expressed their intent to terminate the instant lease agreement by serving a copy of the instant complaint on the grounds that the Defendant was in arrears for eight months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. From June 20, 2019, the Defendant filed a request for extradition of the instant lease from around January 22, 2020, delayed payment of the rent amounting to KRW 6,160,00, and the Plaintiffs expressed their intention of termination of the instant lease on the grounds of delayed payment by serving a duplicate of the instant complaint, and thus, the instant lease agreement between the Plaintiffs and the Defendant was terminated. The Defendant is obligated to deliver the leased portion to the Plaintiffs.

The defendant shall pay 5 million won additional deposit to D, and shall be repaid 5,840,000 won after deducting 6,160,000 won in arrears from the sum of 12,000 won in rental deposit.

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