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(영문) 서울중앙지방법원 2016.01.12 2015가단5285221
건물명도
Text

1. The Plaintiff:

A. Defendant A: the real estate listed in the attached list 2;

B. Defendant B shall provide the real estate listed in the separate sheet 3.

Reasons

1. Determination on the cause of the claim

A. The facts in the separate statement of the reasons for the recognition do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 1 through 5.

B. According to the above facts of recognition, the instant lease agreement concluded between the Plaintiff and the Defendants was terminated upon delivery of a copy of the complaint containing the Plaintiff’s declaration of termination. Thus, the Defendants are obligated to deliver each of the real estate recorded in the text to the Plaintiff, a lessor, barring special circumstances.

2. Determination as to Defendant A’s assertion

A. As Defendant A paid all the rent and management expenses in arrears as stated in the cause of the claim on November 30, 2015, Defendant A cannot comply with the Plaintiff’s claim of this case.

B. The fact that Defendant A paid the rent and management expenses in arrears with the description of the cause of the claim does not conflict between the parties.

However, according to the above evidence, the term of the instant lease agreement concluded between the Plaintiff and the Defendant A is up to July 31, 2014, and the term is terminated at that time, and the Defendant A did not pay KRW 2,150,000, increased lease deposit, and did not conclude a renewal contract with the Plaintiff on July 31, 2014, and each of the facts that the Plaintiff did not conclude the renewal contract with the Plaintiff are acknowledged. The fact that the Plaintiff expressed to the Defendant A the intent to terminate the instant lease by delivery of the copy of the complaint for the same reason is as seen earlier.

Therefore, the ground that Defendant A paid only the rent and management fee in arrears after the filing of the instant lawsuit cannot be a justifiable ground for refusing the Plaintiff’s claim. Thus, Defendant A’s assertion is rejected.

3. If so, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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