(영문) 서울서부지방법원 2018.11.30 2018가단1486

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(영문) 서울서부지방법원 2018.11.30 2018가단1486

건물명도(인도)

Text

1. The defendant to the plaintiff (appointed party), the appointed party C, and the appointed party D:

A. Attached Form 3 among the three floors of the real estate listed in the Attached List.

Reasons

1. Facts of recognition;

A. On July 2, 2012, the Plaintiff (designated parties; hereinafter “Plaintiff”) and the Appointed C, Selected D (hereinafter “Appointed”) jointly owned the real estate listed in the separate sheet in the separate sheet with the Defendant indicated in the separate sheet (hereinafter “instant lease agreement”) on the third floor of the real estate indicated in the separate sheet, including (1), (2), (3), (4), and (1) the part of 40 square meters in the ship connected each point in sequence with the Defendant (hereinafter “instant building”) 50,000,000 deposit money, (including value-added tax), management fee of KRW 120,750,000, and period of KRW 120,000, and KRW 1222,00,000, and the lease agreement (hereinafter “instant lease agreement”). The lease agreement has been implicitly renewed after the expiration of the instant lease agreement.

B. From July 2016 to September 2018, the Defendant paid to the Plaintiff KRW 24,250,000 out of the total amount of KRW 74,250,000 (= KRW 2,750,000 x 27) (i.e., KRW 2,77) of the instant complaint stating the Plaintiff’s declaration of intention to terminate the instant lease agreement, as seen in paragraph (c) below), and delayed payment of KRW 50,250,00,00 from October 2013.

C. On April 16, 2018, a duplicate of the instant complaint, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency, such as rent, etc. by the Defendant, was served on the Defendant.

At present, the Defendant occupies the instant building and operates the “E” hub.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff and the selected parties. 2) In the lease contract, the lease deposit is an object after the termination of the lease contract.

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