(영문) 서울중앙지방법원 2018.09.04 2017가단5220976

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(영문) 서울중앙지방법원 2018.09.04 2017가단5220976

건물명도(인도)

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1. At the same time, the Defendant received KRW 26 million from the Plaintiffs, and at the same time, “the indication of the real estate” attached to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The building indicated in the Attached Form “Real Estate Indication” (hereinafter “instant building”) is owned by the Plaintiff’s mother E (hereinafter “the Deceased”). After the Deceased’s death on January 28, 2017, the Plaintiffs jointly own one-third shares after completing the registration of ownership transfer on the ground of legacy on March 16, 2017.

B. On January 5, 2017, the Deceased entered into a lease agreement with the Defendant with respect to the sum of the first and second floors among the instant buildings, as follows:

(hereinafter referred to as "the instant lease agreement"): The lease deposit: The 20 million won (Won 30,000,000): The lease period for the 20th day of each month (Won 2,00,000): The lease period for the lease from January 20, 2017 to January 10, 2019: the lessor may terminate this contract without delay if the annual rent of the lessee amounts to the three-year rent.

C. The Defendant from June 20, 2017 to the same year.

8. On August 23, 2017, Plaintiff A requested the Defendant to pay the overdue charge by means of content-certified mail with the delegation of other Plaintiffs.

However, the plaintiff A sent content-certified mail to the defendant on November 6, 2017 and notified the termination of the instant lease agreement. D.

At present, the lease deposit to be refunded by the plaintiffs after deducting the rent according to the instant lease agreement is KRW 26 million.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-1 and 2-2 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the cause of claim and the Defendant’s simultaneous performance defense, the Plaintiffs acquired ownership of the building of this case and succeeded to the lessor’s status as the former owner.

In addition, since the above lease contract was terminated on the ground of the defendant's delay of rent, the defendant is paid the lease deposit amount of KRW 26 million from the plaintiffs, and the building of this case is 1,000 among the buildings of this case.

유사 판례

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-광주지방법원 2018.01.11 2017가단516556