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(영문) 수원지방법원 2018.11.29 2018가단512156
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

A. At the same time, the payment of KRW 30,000,000 from the Plaintiffs is made.

Reasons

Facts of recognition

On December 25, 2013, the Defendant concluded a lease agreement between D and D with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), with the lease deposit of KRW 30,000,000, monthly rent of KRW 1,600,000, and the lease term of KRW 30,000 from January 3, 2014 to January 2, 2016.

Around that time, the defendant paid D the lease deposit of KRW 30,000,000.

After that, the above lease contract was renewed.

The Plaintiffs purchased 1/2 shares of the instant real estate from D on May 3, 2016 and completed the registration of ownership transfer on May 30, 2016.

The Plaintiffs succeeded to the lease agreement between D and the Defendant on May 31, 2016, and set the lease term as 19 months from the date above, and the Plaintiffs may terminate the lease agreement if the Defendant fails to pay the lease amount to the second time. In the event that the instant real estate is reconstructed, the Plaintiffs agreed to grant the Defendant preferential right to move in.

The defendant did not pay for eight months until March 2018.

Plaintiff

A notified the Defendant of the termination of the instant lease agreement on February 27, 2018 and March 6, 2018.

On April 5, 2018, the Defendant paid the unpaid rent of KRW 12,800,000 to the Plaintiffs.

[Ground of recognition] According to the above facts of determination as to Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including each number of documentary evidence; hereinafter the same shall apply) and the entire purport of the pleadings, the lease contract of this case was lawfully terminated by the plaintiff Gap's declaration of termination on the ground of the defendant's delinquency in rent. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiffs unless there are special circumstances.

The defendant's assertion that the plaintiffs agreed to renew the lease contract without reconstruction for five years from the end of May, 2016, but the defendant demanded the transfer of the real estate in this case to the defendant.

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