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(영문) 서울북부지방법원 2018.07.27 2017가단120919
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant C succeeds from E.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff concluded a lease agreement with the terms that the instant apartment was leased to E by setting the deposit amount of KRW 60,000,000, and the lease period from October 16, 2014 to October 16, 2017.

(hereinafter “instant lease agreement”). B.

The apartment of this case was approved as completion around October 13, 2014, and E occupied the apartment of this case around that time.

On February 19, 2016, registration of preservation of ownership in the name of the plaintiff was completed on the apartment of this case.

C. On January 26, 2017, the Plaintiff notified E of the cancellation of the instant lease agreement on the ground that it did not pay to E the three-year period of KRW 1,050,000 per month from November 2016 to January 2017. The said notification reached E on January 31, 2017.

E (hereinafter referred to as “the deceased”) died on May 15, 2017, and there are Defendant C and D, the spouse of which is Defendant B and his children.

On June 1, 2017, Defendant B and D filed a report on the renunciation of inheritance with Seoul Family Court 2017 Madan4641, and received the report on the renunciation of inheritance on September 11, 2017, and Defendant C filed a report on the renunciation of inheritance on May 29, 2017, and received the ruling on acceptance of the report on the qualified acceptance of inheritance on May 22, 2017.

E. The Defendants are residing in the apartment of this case as of the date of the closing of argument in this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including a tentative number), the purport of the whole pleadings

2. The parties' assertion

A. As Plaintiff’s instant lease agreement was terminated on January 31, 2017 with two or more rents, the Defendants are obligated to deliver the instant apartment to the Plaintiff and pay to the Plaintiff the amount equivalent to the rent of KRW 1,050,000 per month from February 1, 2017 to the completion date of delivery of the instant apartment.

B. Since the Defendants did not have any rental agreement under the instant lease agreement, the termination of the lease agreement on the ground of the delinquency in rent is unlawful.

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