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(영문) 수원지방법원안산지원 2019.04.05 2018가단16942
건물인도
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

(a) Indication 1, 1. of the attached drawings among the real estate listed in the attached list;

Reasons

1. Facts of recognition;

A. On April 20, 2017, Nonparty D leased a lease deposit of KRW 10 million, KRW 1,485,000 (including value-added tax), management expenses (including value-added tax), monthly management expenses (including value-added tax), and May 31, 2019 to the Defendant by setting the lease deposit of KRW 1,2,3,4,5, and 163.5 square meters (hereinafter “instant building”) connected each point of the real estate listed in the attached list, in sequence 1,2, 3,4,5, and 163.5 square meters (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

On June 4, 2018, the Plaintiff (Appointed Party) succeeded to the lessor’s status under the instant lease agreement with the Plaintiff (Appointed Party) as to 35/100 shares; the Selection C completed the registration of ownership transfer with respect to 65/100 shares; accordingly, the Plaintiff (Appointed Party) and the Selection C succeeded to the lessor’s status under the instant lease agreement.

C. The Defendant has occupied the instant building up to now, and paid only 1.45,00 won with rent, etc. around June 2018, the Defendant did not pay rent to the Plaintiff (Appointed Party) or the Selection, and the rent and management fee unpaid as of September 30, 2018 reaches KRW 4,930,000.

Meanwhile, on October 12, 2018, a copy of the complaint of this case stating the Plaintiff’s declaration of intent was served on the Defendant on the following occasions: “The said lease was terminated on several occasions due to the delinquency in payment of the said rent under the instant lease agreement.”

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant did not pay more than three months a vehicle under the instant lease agreement, and the Plaintiff notified the termination thereof. Thus, the instant lease agreement was lawfully terminated.

Therefore, the defendant is obligated to deliver the building in this case to the plaintiff (appointed party) and the appointed party C, and the overdue rent, management fee of 4.93 thousand won and management fee of the building in arrears calculated by the ratio of KRW 1,595,000 per month from October 1, 2018 to the completion date of delivery of the building in this case is reasonable.

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