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(영문) 서울중앙지방법원 2018.01.10 2017가단56330
건물인도 등
Text

1. The Defendants indicated in the annexed Form No. 1, 2, 5, 6, 1-1 among the land floors of the building indicated in the annexed Form No. 1, 2, 5, 6, and

Reasons

1. Facts of recognition;

A. On March 26, 2016, the Plaintiff entered into a lease contract with D, with a deposit deposit of KRW 30,00,000, monthly rent of KRW 400,00, and the lease term of April 26, 2016 as of April 25, 2018 (hereinafter “instant lease contract”), wherein the lessee’s delayed payment falls short of the rent of two (2) periods, the lessor may terminate the contract.

B. D paid the monthly rent from April 26, 2016 to July 2016 while occupying and using the instant real estate upon delivery, and did not pay that monthly rent thereafter.

C. On October 31, 2016, the Plaintiff notified D of the termination of the instant lease agreement by content-certified mail on the ground that the period of rent is more than two years.

On the other hand, D died on February 28, 2017, and there was the Defendants and E, who were their children. However, E was tried to accept a report to waive the inheritance of the deceased D’s property as Seoul Family Court 2017 D's 3901.

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

2. According to the above facts of recognition, since the instant lease agreement was lawfully terminated due to rent delay for at least two years of the network D, the Defendants, the co-inheritors of the network D, are obligated to deliver the instant real estate to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.

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