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Reasons
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(영문) 의정부지방법원고양지원 2015.07.17 2014가단42526
건물명도 등
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1. Defendant C shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. Defendant C:

(a) April 10, 2015

Reasons

1. Facts of recognition;

A. On October 9, 2013, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 50,000,000 for the lease deposit, monthly rent of KRW 3,00,000 for the lease deposit (payment of KRW 10,000 for each month, separate value-added tax) and the duration of the lease as of October 31, 2016 for the real estate owned by the Plaintiff (hereinafter “instant real estate”).

(hereinafter “instant lease agreement.” The above Defendant paid KRW 30,00,000 out of the above lease deposit, and paid KRW 20,000,000 to the remainder by October 31, 2014, and thereafter, Defendant C and the said real estate sold new products from the said real estate at the time of delivery.

B. On June 5, 2014, the Defendants adjusted a divorce to the Mayang-dong District Court (Seoul District Court Decision 2014Ddan1410). The details of the conciliation include that Defendant B changed the name of the lease agreement on the instant real estate to Defendant C.

C. On July 29, 2014, Defendant B sent to the Plaintiff a certificate of content that the Plaintiff requested the Plaintiff to transfer the lessee’s status under the instant lease agreement to Defendant C.

On November 13, 2014, the Plaintiff sent to the Defendants a certificate to the effect that the instant lease agreement is terminated on the grounds that the Defendants did not pay the amount of six months of rent, value-added tax, 12 months of deposit, 200,000 as of November 13, 2014 (i.e., November 12, 2014).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. The Plaintiff asserted by the parties, on the ground that Defendant C, who acquired the status of Defendant B or lessee, delayed monthly rent and value added tax for not less than seven months, notified the termination of the instant lease agreement. Nevertheless, Defendant C still occupied the instant real estate, and as such, Defendant C transferred the instant real estate to the Plaintiff and unpaid rent.

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