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(영문) 서울서부지방법원 2017.10.18 2016가단30893
건물명도등
Text

1. The plaintiffs' action against the defendant H is dismissed.

2. Defendant I shall provide each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On November 1, 1998, Defendant H entered into a lease agreement with Nonparty J as to each of the real estate listed in paragraphs 1 and 3 of the attached Table Nos. 1 (hereinafter “each of the instant stores”), which is a store owned by J (hereinafter “instant stores”), with the lease deposit amount of KRW 30,000,000, monthly rent of KRW 600,000, and the contract term of the instant lease agreement was not specified (hereinafter “instant lease agreement”). On November 15, 1998, each of the real estate listed in paragraphs 2 and 4 of the attached Table Nos. 2 and 4 (hereinafter “each of the instant houses”), which is owned by J, with the lease deposit of KRW 10,000,000, monthly rent of KRW 100,000, and the contract term of November 15, 1998.

B. On October 2, 200, K died and succeeded to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) through consultation and division by K, and on November 15, 200, K increased the lease deposit amount to KRW 16,900,000 with respect to each of the houses of this case, and the rent is not paid.

was amended to the terms of the lease agreement stated in the subsection.

(hereinafter “instant housing lease contract”). C.

Each of the instant lease agreements (the instant store lease agreement and the instant housing lease agreement) had been implicitly renewed between Defendant H and K. On December 30, 2013, K died on and after December 30, 2013, and the Plaintiffs, who were the children of K, inherited each of the instant real estate.

On August 7, 2014, the Plaintiffs terminated each of the instant lease agreements to Defendant H, and thus, notified Defendant H of the delivery of each of the instant real estate by November 15, 2014, and the said notification reached Defendant H around that time.

E. On April 23, 2015, the Plaintiffs filed a lawsuit against Defendant H regarding each of the instant real estate as the court’s order 2015da13013, and rendered a judgment on June 14, 2016 that “Defendant H was jointly and severally paid KRW 71,015,000 from the Plaintiffs, and simultaneously delivered each of the instant real estate to the Plaintiffs,” and this judgment was rendered on June 14, 2016.

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