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(영문) 서울동부지방법원 2019.09.25 2019나22175
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Plaintiff B is the wife, Plaintiff A is the husband, and the Defendant is the husband of Plaintiff B.

B. On August 20, 2017, the Plaintiffs leased real estate indicated in the attached Form (hereinafter “instant building”) to the Defendant as of KRW 20 million, KRW 1 million per month, KRW 500,000 (a separate payment of value-added tax), management expenses, and KRW 500,000,000 from September 1, 2017 to August 31, 2019, respectively.

(hereinafter “instant lease agreement.” Under the instant lease agreement, the Defendant received the instant building from the Plaintiffs on September 1, 2017, and agreed to pay KRW 20 million to the Plaintiffs. The Plaintiffs exempted the Defendant from the payment of rent for the initial stabilization of business during the period from September 1, 2017 to December 31, 2017, and agreed to receive the rent from the Plaintiff’s deposit account (company, bank, account number D) in the name of the Plaintiff.

C. On September 1, 2017, the Defendant: (a) received the instant building from the Plaintiffs; (b) commenced business on the said building; (c) did not pay KRW 20 million to the Plaintiffs; and (c) did not pay the Plaintiffs the rent exemption period even after January 1, 2018.

On May 15, 2018, the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the grounds of the non-payment of the lease deposit and the delinquency in rent, and the said notification reached the Defendant around that time.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, the Defendant delayed the obligation to pay the lease deposit under the instant lease agreement by failing to pay KRW 20 million to the Plaintiffs, even after September 1, 2017, and on this ground, the Plaintiffs’ intent to terminate the lease agreement reached the Defendant around May 15, 2018.

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