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(영문) 서울중앙지방법원 2019.10.11 2019가단5127590
건물명도(인도)
Text

1. Defendant C:

(a) deliver the buildings listed in the annex;

B. 11,750,000 won and the same on June 22, 2019

Reasons

1. Facts of recognition;

A. On September 16, 2015, the Plaintiff is an owner who completed the registration of ownership transfer with respect to a building listed in the attached Form (hereinafter “instant building”).

On August 21, 2012, the former owner of the instant building: (a) entered into a renewal agreement with Defendant C, the Plaintiff, and the lessor and the Defendant C, with the lessor, and the Plaintiff, with the rent of KRW 20 million per month; (b) KRW 120,000 per month; (c) management expenses; (d) KRW 70,000 per month; and (e) from September 8, 2012 to September 7, 2014; (b) the said lease was renewed once on September 8, 2014; and (c) on September 8, 2016, the Plaintiff entered into a renewal agreement with Defendant C on the same terms and conditions as above (from September 8, 2016 to September 7, 2018) and entered into a renewal agreement with the Defendant C, that “the deposit was entirely extinguished due to the unpaid rent.”

(hereinafter “instant lease agreement”). B.

Defendant B is the former husband of Defendant C from May 6, 2013 to the present building.

C. From September 8, 2012 to September 7, 2018, Defendant C unpaid the sum of KRW 3,683,00,000 for rent and management expenses, and until April 3, 2019, Defendant C paid the Plaintiff KRW 5,80,000 out of the said amount.

On May 27, 2019, the Plaintiff sent content-certified mail to request the delivery of the instant building in accordance with the procedure for termination of the lease agreement, as the rental fee was unpaid at 35 times to the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Defendant C does not dispute the Plaintiff’s claim. As such, Defendant C, a lessee, delivers the instant building to the Plaintiff, the lessor, following the termination of the instant lease agreement, and from 3,6830,000,000,000,000 won including unpaid rents until September 7, 2018, deducting KRW 20,000,000,000 from the lease deposit deposit and KRW 5,883,00,000,000 paid by the Defendants, as the date of payment of the said rent, the following day following the delivery of the complaint of this case, as sought by the Plaintiff after the payment of the said rent.

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