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(영문) 서울중앙지방법원 2017.11.09 2017나4231
건물명도
Text

1. The Plaintiff (Counterclaim Defendant)’s claim for the principal lawsuit that is changed to an exchange in this court and the appeal filed by the Defendant (Counterclaim Plaintiff).

Reasons

Facts of recognition

On January 14, 2014, the network A (hereinafter referred to as the “the network”) entered into a lease agreement with the Defendant on the second floor (hereinafter referred to as “instant lease agreement”) among the building on the H ground of Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter referred to as “instant building”), which is owned by the Defendant, with the lease deposit of KRW 50,000,000, monthly rent of KRW 1,700,000 (Additional Tax), and from February 14, 2014 to February 13, 2015 (hereinafter referred to as “instant lease agreement”).

The Defendant received the instant shopping mall and operated a car page with the trade name “C,” but from January 14, 2015, requested the Deceased to adjust the monthly rent and did not pay rent.

The Deceased declared through the instant complaint that “the instant lease contract is terminated on the ground that the Defendant was in arrears with two or more vehicles,” and the duplicate of the complaint was served on the Defendant on February 5, 2016.

On May 4, 2016, the Deceased deposited (hereinafter “instant deposit”) with the deposited person as the Defendant at the Seoul Western District Court Decision 25,690,000 won (i.e., KRW 50,000,000, KRW 24,310,000, which was unpaid from January 14, 2015 to February 13, 2016).

On February 15, 2017, the enforcement officer of the Seoul Central District Court delivered the commercial building of this case to I as his agent by executing the delivery of real estate on the commercial building of this case.

On the other hand, the deceased died on March 22, 2017 during the trial, and the plaintiff, who was the wife of the deceased, succeeded to the property of the deceased at the ratio of 3/9, and the counterclaim defendant, who was the children of the deceased, inherited the property of the deceased at the ratio of 2/9.

As to the building of this case, the Plaintiff inherited the building solely following the agreement on the division of inherited property between the Plaintiff and the counterclaim Defendant on March 13, 2017, and then taken over the litigation proceedings relating to the principal lawsuit that the deceased raised. The counterclaim Defendant transferred to the Plaintiff the claim against the Defendant by the counterclaim Defendant, who succeeded to the building of this case, related to the building of this case, on May 8, 2017, and thereafter, transferred the claim against the Defendant by the counterclaim Defendant.

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