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(영문) 서울중앙지방법원 2019.04.19 2018가단5241307
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. (1) Defendant B is from April 24, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer with respect to the instant real estate on May 7, 2009.

On October 27, 2016, the Plaintiff concluded a lease agreement with Defendant B and the instant real estate by setting a deposit of KRW 10,000,000, monthly rent of KRW 1,050,000, and the period from November 8, 2016 to November 7, 2018.

B. Defendant C completed a move-in report on September 5, 2017 on the instant real estate.

C. Until June 15, 2018, Defendant B paid the sum of KRW 18,378,000,000 as the rent, and it would be the difference paid until April 23, 2018 if it is appropriated for unpaid rent.

Until now, the Defendants occupied and used the instant real estate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. First of all, as to the termination of the instant lease agreement due to the refusal to renew the contract, the Plaintiff notified Defendant B of the refusal to renew the contract of this case more than six months prior to its maturity. Thus, the instant lease agreement was terminated on November 7, 2018. However, there is no evidence to acknowledge that the Plaintiff notified Defendant B of the refusal to renew the contract of this case more than six months prior to its maturity. Thus, the Plaintiff’s allegation in this part is without merit.

B. According to the above facts finding that the instant lease contract was lawfully terminated on or around December 6, 2018, based on the Plaintiff’s notice of termination by delivery of a copy of the complaint of this case on the grounds of delinquency in the payment of rent for not less than two years by Defendant B, and thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

C. Defendant B is obligated to pay the Plaintiff the rent according to the rental agreement while the instant lease agreement remains in existence.

Meanwhile, Defendant B’s instant real estate even after the termination of the lease agreement.

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