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(영문) 서울서부지방법원 2018.09.07 2017가단241522
건물명도(인도)
Text

1. The Defendants, from the Plaintiff’s Intervenor’s Intervenor, indicate the attached real estate from January 12, 2018 to KRW 4,040,00.

Reasons

1. Facts recognized;

A. On August 8, 2016, the Plaintiff: (a) designated and leased to the Defendants KRW 30,000,000 as deposit money; (b) from September 12, 2016 to September 11, 2018, the lease period of KRW 24 months; (c) the lease period of KRW 2,310,00 (including value-added tax); and (d) the cleaning management fee of KRW 50,000 per month, among the buildings indicated in the attached real estate as indicated in the attached Table, to the Defendants.

(hereinafter referred to as the "Lease of this case")

The Defendants did not pay the rent from January 12, 2017 to the Plaintiff.

C. On September 21, 2017, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds of not less than two years of arrears. The Defendants received this on October 11, 2017.

Plaintiff

The succeeding intervenors completed the registration of ownership transfer based on sale on December 5, 2017, No. 4594, which was received on February 9, 2018 from the Plaintiff, the former owner, for the building indicated in the attached real estate.

E. Meanwhile, if a deposit is deducted from 3 million won to 11th month from January 12, 2017 to December 11, 2017, a total of 25,960,000 won (=2,360,000 won per month (=2,310,000 won per month for cleaning management expenses of KRW 2,310,000 per month) x 11 month), the remaining deposit shall be 4,04,000 won.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. In light of the facts found in the judgment on the Plaintiff’s claim, the instant lease agreement was terminated in accordance with the Plaintiff’s notification of termination on September 21, 2017, and the instant lease was terminated. Therefore, the Defendants, by purchasing from the Plaintiff, the building indicated in the attached property indication from the Plaintiff, who was the lessor, and thereby succeeding to the lessor’s status as to the instant store, shall deliver the instant store from the Plaintiff’s successor to the status of the lessor at KRW 4,040,000 of the remaining deposit amount as seen above, as the Plaintiff’s successor seeks.

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