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(영문) 서울동부지방법원 2015.10.06 2015가단113317
건물명도
Text

1. The Defendants shall deliver to each Plaintiff the real estate indicated in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. On July 30, 201, E: (a) leased the real estate listed in the Attachment (hereinafter “instant building”) to Defendant B as the lease deposit amount of KRW 10 million; (b) monthly rent of KRW 519,00 (excluding value-added tax); and (c) on July 30, 201, the lease term of the instant building was set at five years from July 30, 201; and (d) in the event that Defendant B was in arrears for at least three months, the lessor agreed that the instant lease contract may be terminated; and (e) around that time, the lessor handed over the instant building to Defendant B.

B. On February 17, 2014, E donated the instant building to the Plaintiff, and the Plaintiff completed the registration of ownership transfer on February 24, 2014.

C. However, from December 2014, Defendant B delayed the payment of monthly rent, and E expressed his intention to terminate the instant lease agreement to Defendant B around May 18, 2015.

Defendant C and D jointly possessed the instant building while jointly operating the wedding business in the instant building with Defendant B.

[Ground for Recognition] Defendant B: The purport of the entire pleadings and statements as to the confession (Article 150(3) and (1) of the Civil Procedure Act) by Defendant C and D

2. Determination

A. According to the above facts, the instant lease contract was terminated by Defendant B’s declaration of termination due to the Defendant’s delinquency in rent, and thus, the Defendants are obligated to deliver the instant building to the Plaintiff, each of which is the owner of the instant building.

B. As to the determination of Defendant C and D’s assertion, Defendant C and D asserted to the effect that the wedding business became a deficit due to the smooth operation of Defendant B’s business, and that Defendant B would be paid monthly rent after withdrawing from the joint business place. However, as seen earlier, as long as the instant lease contract was terminated following the termination of E due to the lessee’s delay in rent due to the termination of the lease due to the lessee’s delay in rent, the above reasons alleged by Defendant C and D alone are alone the Plaintiff’s claim for delivery.

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