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(영문) 서울중앙지방법원 2014.12.11 2014가단14687
건물명도 등
Text

1. The defendant,

A. From 40,000,000 to 40,000 won, the transfer of real estate listed in the separate sheet from October 24, 2013 to the Plaintiff.

Reasons

1. The following facts may be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence No. 1, No. 2, and No. 4.

On July 209, the Plaintiff and C (the Plaintiff’s birth) leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant. On July 6, 201, the Plaintiff, C and the Defendant, a co-leased, leased the instant apartment on the lease deposit amounting to KRW 40 million, monthly rent amounting to KRW 120,000 (the Plaintiff’s foreign exchange bank account on July 23, 201), and the period from July 23, 201 to July 22, 2013, but extended the lease contract for two years on the same condition (hereinafter “instant lease contract”).

B. When an auction procedure was conducted with respect to the housing that the Plaintiff leased and resided, on September 24, 2013, the Plaintiff requested the Defendant to construct the instant apartment on and around the same day. On September 28, 2013, the Plaintiff expressed that the Defendant may be deemed to have a director from the instant apartment if the Plaintiff additionally paid KRW 10 million as damages in consideration of the director’s expenses and brokerage fees, etc., in addition to the lease deposit.

C. However, the Defendant did not pay the Plaintiff a car after October 24, 2013, disputing with the Plaintiff and the Plaintiff’s husband due to the termination of the instant lease agreement even during the middle of the contract.

On January 16, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the Defendant delayed rent from October 2013 by content-certified mail, and filed the instant lawsuit on January 22, 2014.

E. On the other hand, on August 28, 2014, when the lawsuit of this case is pending, C, a joint lessor, notified the Defendant of the termination of the instant lease agreement on the grounds of the Defendant’s forest body as above by content-certified mail.

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