(영문) 의정부지방법원 2017.12.21 2017가단1844

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Reasons

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(영문) 의정부지방법원 2017.12.21 2017가단1844

건물명도

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1. The defendant,

A. It delivers to the plaintiffs (appointed parties) and the appointed parties the real estate stated in the attached list. B.

Reasons

1. Facts of recognition;

A. On November 4, 2014, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party D, E, F, G, C, H, and I concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 80,000,000 for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) between the Defendant and the Defendant, as well as the lease deposit amount of KRW 4,700,00 for each rent month (excluding value-added tax), from November 4, 2014 to November 3, 2015.

(hereinafter “instant lease agreement”). B.

The Plaintiff, the E, F, G, H, and I held 1/10 of each of the instant real estate and 3/10 of each of the instant real estate, respectively, and the Appointed C acquired 1/10 of each of the instant real estate’s shares on May 25, 2016.

C. Since then, the instant lease agreement was renewed, and the Defendant was in arrears with a total of KRW 31,690,000 as of January 16, 2017, and the Plaintiff sent to the Defendant a content-certified mail demanding repayment of KRW 31,690,000 in arrears until the same day, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2-1, 2-2, and Gap evidence No. 3, the purport of the whole pleadings

2. Determination

A. According to the fact that the lease contract was terminated, it is reasonable to view that the contract of this case was lawfully terminated due to the delivery to the Defendant on May 24, 2017, of the copy of the complaint stating that the contract of this case is terminated on the grounds of the Defendant’s delinquency in rent.

B. Since the instant lease contract was lawfully terminated due to the existence of the duty to return the leased object, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff and the designated parties.

C. On the other hand, the Plaintiff is obligated to pay a sum of KRW 44,010,00 from January 16, 2017 to October 4, 2017, and the Defendant is the Plaintiff and the designated parties. The Defendant is the Plaintiff and the designated parties.

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