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(영문) 서울서부지방법원 2017.03.09 2016가단248045
건물명도
Text

1. The Defendants are real estate indicated in the attached list of the Defendants from January 1, 2016 to KRW 20 million by Defendant B from the Plaintiff.

Reasons

1. Basic facts: (a) between Defendant B and D on February 9, 2015, Defendant B entered into a lease agreement with regard to the instant real estate with a deposit of KRW 20 million; (b) KRW 110,000,000 per month; and (c) from February 9, 2015 to February 8, 2017 (hereinafter “instant lease agreement”); (c) paid the said deposit to D; and (d) used the said real estate as the office of the Defendant Foundation’s representative; and (b) the Plaintiff acquired the ownership of the instant real estate from D on April 22, 2015, acquired the ownership of the instant lease agreement with Defendant B and succeeded to the lessor’s status; and (c) the Plaintiff did not pay the rent to the Plaintiff on or after the end of each month; or (d) notified the Plaintiff on or after the expiration of each of the instant lease agreement with Defendant B to the effect that the said additional payment was not made on or after December 16, 2015.

2. Determination:

A. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground of delinquency in paying two or more rents on July 13, 2016, and thus, the Defendant B and the Defendant Foundation, the occupant of the instant real estate, are obligated to receive the remainder of money calculated by deducting the amount equivalent to the rent calculated by the rate of KRW 20 million from January 1, 2016 to the delivery date of the said real estate from the Plaintiff to the Plaintiff, and simultaneously deliver the said real estate to the Plaintiff.

B. As to this, the Defendants still remain a security deposit, so they cannot respond to the Plaintiff’s claim. However, the Plaintiff’s lease contract of this case was based on the overdue rent of more than two years.

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