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(영문) 의정부지방법원고양지원 2020.09.09 2019가단92434
건물명도(인도)
Text

The defendant shall order each point of the attached Form 1, 2, 3, 6, 7, and 1 among the real estate listed in the attached Table list to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 26, 2017, C, the Plaintiff’s attached list, entered into a lease agreement with the Defendant, setting the lease deposit of KRW 15 million for the leased property of KRW 1,5 million on the part (A) and KRW 45.06 square meters on the part (hereinafter “instant building”) connected in order to each point of the attached drawings among the real estate listed in the attached list with the Defendant, and at that time, delivered the instant building to the Defendant (hereinafter “instant lease agreement”).

Meanwhile, according to Article 5 of the lease contract of this case, the lessor may terminate the lease contract in the event that the lessee fails to pay a monthly rent to the lessee at the second time.

B. Following C’s death on August 3, 2019 (hereinafter “the deceased”) the Plaintiff succeeded to the lessor’s status of the instant lease agreement after completing the registration of ownership transfer on August 29, 2019 on the ground of inheritance by agreement and division with respect to the instant building.

C. Since August 2019, the Defendant did not pay the Plaintiff the monthly rent under the instant lease contract, since the deceased died.

The Plaintiff notified the Defendant that the instant lease contract was terminated by serving a duplicate of the complaint of this case on the grounds of the Defendant’s delinquency in rent.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of determination, the instant lease contract was lawfully terminated due to the termination of the instant lease contract on the grounds that the Plaintiff, who succeeded to the status of the lessor of the instant lease, was the Defendant’s two or more years of delinquency in rent.

As to this, the defendant, not the deceased, entered into the lease contract of this case with D, the deceased, and only entered only the name of the lessor in the lease contract in the form of the deceased. However, there is no evidence to acknowledge the above assertion.

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