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(영문) 인천지방법원 2018.08.22 2018가단15023
건물명도등
Text

1. The Defendants, within the scope of property inherited from the network E, to the Plaintiffs:

(a) the annexed list;

Reasons

1. Facts of recognition;

A. On January 20, 2017, the Plaintiffs entered into a contract to lease the instant real estate to E for a period of 5,000,000 won for lease deposit, 500,000 won for monthly rent, 30,000 won for management expenses, 30,000 won for lease period, and 24 months from January 28, 2017 to January 27, 2019 (hereinafter “instant lease contract”), and around that time, delivered the instant real estate to E.

B. E died on November 14, 2017, and the Defendants, their parents, jointly succeeded to the shares of 1/2.

C. From November 28, 2017, the Plaintiffs notified the Defendants of the termination of the instant lease agreement on May 10, 2018, as the monthly rent and management expenses were not paid for at least two months.

On the other hand, on January 29, 2018, the Defendants reported the qualified acceptance as the case of the Seoul Family Court 2018 Dok-dan50298 inheritance limited acceptance request. On June 7, 2018, the said court rendered an adjudication to accept the said report on qualified acceptance.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated in accordance with the Plaintiffs’ declaration of intention to terminate the contract on the grounds of not less than two years of delinquency, and the Defendants succeeded to the lessee’s status within the scope of property inherited from the network E according to the qualified acceptance.

Therefore, the Defendants are obligated to issue orders to the Plaintiffs within the scope of the property inherited from the network E, and to pay the amount equivalent to the overdue rent and management expenses calculated in proportion to the ratio of KRW 265,00 per month from November 28, 2017 to the ordering date of the above real estate (=530,000 won (= management expenses for rent of KRW 500,000) x 1/2 equity).

3. In conclusion, the plaintiffs' claims are accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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