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(영문) 인천지방법원 2015.05.28 2014가단60506
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From April 27, 2014, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On February 10, 2003, the Defendant entered into a lease agreement with Nonparty C, the former owner of the building listed in the separate sheet (hereinafter “the instant building”) to lease the instant building by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 300,000,000 from February 27, 2003 to December 12, 2003 (hereinafter “the instant lease agreement”). On February 27, 2003, the Defendant continued to reside after completing the resident registration transfer report.

B. On April 6, 2004, the Plaintiff donated the instant building from C and completed the registration of ownership transfer.

C. On May 16, 2014, the Plaintiff exempted the remainder of KRW 1,858,000 among KRW 4,858,00,00, which was sealed by the Defendant, from KRW 3 million until April 26, 2014, deducting KRW 5 million from KRW 9,858,00,000.

After the exemption from the above rent, the Defendant did not pay the monthly rent to the present time. Accordingly, the Plaintiff expressed his intent to terminate the instant lease contract on the grounds of the Defendant’s delinquency in paying two or more times of rent in the instant lawsuit, and the duplicate of the application for amendment of the purport of the instant claim, stating the above declaration of intent, was served on the Defendant on April 15, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 4, purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant has the opposing power under the Housing Lease Protection Act by delivering the instant building and completing resident registration. The lessor status of the instant lease agreement was succeeded to the plaintiff who acquired the ownership of the instant building after the opposing power became effective. Since the instant lease agreement was lawfully terminated on April 15, 2015 by the Plaintiff’s declaration of intention of termination on the ground of the Defendant’s delinquency in rent, the Defendant transferred the instant building to the Plaintiff, and on April 27, 2014, the Defendant transferred the instant building to the Plaintiff.

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