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(영문) 서울중앙지방법원 2017.07.21 2017가단5016221
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

B. From July 27, 2016 to above.

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff entered into a lease deposit of KRW 1,700,000, monthly rent of KRW 1,700,000, and the lease term of KRW 1,70,000 between Defendant C and Defendant C (hereinafter “instant lease contract”) with the term “short-term use of facilities” (hereinafter “instant lease contract”) between August 15, 2014 and February 14, 2015, and the Defendant C and the same resident were also residing in the said real estate.

B. From December 15, 2014, the Defendants were living in Nonparty’s real estate and were in arrears, and on January 14, 2015, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds that the amount of the rent exceeds the two-term rents.

C. However, on July 13, 2016, the Defendants jointly and severally agreed to pay a sum of KRW 33,020,020,020, including overdue rent, etc., to the Plaintiff by July 20, 2016, while the Defendants had not withdrawn from the Nonparty’s real estate. Moreover, on the same day, the Defendants prepared a “written confirmation of fact” with the purport that the Defendants would withdraw the place of temporary residence from the high-pollution housing and pay the said KRW 33,020,020 on the same day to the Plaintiff by July 26, 2016.

On the other hand, on February 24, 2016, the Plaintiff concluded a real estate lease agreement with the Gangnam-gu Seoul Metropolitan Government F’s No. 2 (hereinafter “instant real estate”) with the lease deposit of KRW 10,000,000, monthly rent of KRW 700,000, and the lease term of KRW 700,000 from March 7, 2016 to March 6, 2017, and leased the instant real estate. Upon the request of the Defendants, the Defendants provided that the Defendants may gratuitously reside in the instant real estate until July 26, 2016.

E. Meanwhile, the Defendants possess and possess the instant real estate until the lapse of July 26, 2016, which was the date of the delivery agreement of the instant real estate.

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