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(영문) 수원지방법원 2020.10.29 2020가단10240
건물인도
Text

1. Of the claims in this case, the part of claims for cancellation of the registration of housing lease and for cancellation of the registration of provisional seizure shall be dismissed;

2...

Reasons

1. Basic facts

A. On October 23, 2015, D and the Defendant entered into a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as set forth in the separate sheet from 190,000,000 won, monthly rent of KRW 20,000, and the rental period from December 23, 2015 to December 22, 2017.

(hereinafter “instant lease”). Since then, the instant lease was implicitly renewed once.

B. The Plaintiffs completed the registration of transfer of ownership on the ground of sale on September 27, 2016, No. 112281, which was received on November 29, 2016, with respect to each of the instant real estates, with respect to the shares of 1/2 of each of the instant real estates.

C. On November 8, 2019, the Plaintiff sent a text message to the Defendant to the effect that “The period shall be KRW 220,000,000,000, and the period may be set on December 2, 201.”

On December 5, 2019, the Plaintiff sent a text message to the Defendant to the effect that “I will not receive monthly rent from three months, January 2020,” the Plaintiff sent to the Defendant.

E. From January 23, 2020, the Defendant did not pay monthly rent under the instant lease agreement.

F. On April 8, 2020, the Plaintiff terminated the instant lease agreement on the grounds of unpaid rent and sent a written notice demanding the delivery of the instant real estate to the Defendant, and the said written notice was delivered to the Defendant on April 9, 2020.

G. As to the instant real estate, the Defendant registered a housing lease (hereinafter “registration of this case’s housing lease”) based on the Suwon District Court’s order of lease registration (2020Kadan2030) as of February 6, 2020 as of February 6, 2020 as of March 11, 2020 as of March 35034 of the same registry office, the amount claimed on March 11, 2020 as of March 11, 2020 as the provisional attachment order of Suwon District Court (2020Kadan501341) (20,000,000 won) and the provisional attachment registration of this case’s provisional attachment registration of KRW 190,000.

The court completed the proceedings.

H. The long-term repair appropriations and the cost of replacing elevators borne by the Defendant with respect to the instant real estate.

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