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(영문) 서울서부지방법원 2019.06.13 2019가단203265
건물명도(인도)
Text

1. Defendant C delivers to the Plaintiff the building indicated in the attached list, and pays KRW 1,700,000, and from October 15, 2018.

Reasons

1. Determination as to Defendant C

A. The indication of the claim: The Plaintiff agreed to terminate the lease contract of this case on the ground that the lease contract of this case was terminated on the ground that the lease contract was terminated on the ground that the lease contract was terminated on the ground that the rent of this case was not paid for two or more years from October 2018 to December 15, 2011.

(b) Grounds for recognition: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to Defendant D

A. On December 201, 201, the Plaintiff agreed to the instant co-defendant C with the term of KRW 10 million, monthly rent of KRW 450,000,000, and the term of lease from December 15, 2011 to December 15, 2013 (the term “A” and the term of lease are two or more years in arrears, but Article 10-8 of the Commercial Building Lease Protection Act provides that “A lessor may terminate a contract when the lessee’s delayed delayed rent of three or more periods of rent,” and Article 15 (Compulsory Provisions) of the same Act provides that “In accordance with an agreement contrary to this Act and thus, a lessor may terminate the lease only when the delayed rent of three or more years of rent is overdue, notwithstanding the agreement under the above lease agreement, the lessor may terminate the lease agreement.”

(2) On December 15, 2013, the status of monthly deposit expired, and the above lease contract has been implicitly renewed (see Article 10(4) of the Commercial Building Lease Protection Act, which is renewed on a yearly basis). Monthly income is the Plaintiff’s account (A) and KRW 450,000 in the name of Nonparty F until February 2015, and thereafter, deposited in the name of Defendant D (hereinafter “Defendant” in this item). In light of the amount of deposit, the aforementioned lease contract was renewed on March 2015.

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