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(영문) 서울남부지방법원 2018.02.06 2017가단239841
건물명도(인도)
Text

1. The defendant indicates 1, 2, 3, and 3 of the annexed drawings among the real estate listed in the annexed list to the plaintiff (designated parties) and the appointed parties.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party, hereinafter “Plaintiff”) and the designated parties are co-owners of the real estate listed in the separate sheet.

B. On May 25, 201, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) on behalf of the said co-owners, setting the deposit of KRW 11 million on the part of the Defendant and 165 square meters on board as indicated in paragraph (1) of the Disposition (a) (hereinafter “instant real estate”), monthly rent of KRW 1.9 million (excluding value-added tax), and the term of lease from June 1, 201 to May 31, 201 (hereinafter “instant lease agreement”).

C. Meanwhile, the Defendant entered into a lease agreement with the former owner of the instant real estate and operated the “C” from September 5, 1992 upon delivery of the instant real estate.

The instant lease agreement is annually from 2012 to 2017

6.1. It has been implicitly renewed.

E. However, the Defendant did not pay KRW 14,853,211 in total, including the sum of the rent from July 2017 to December 2017, KRW 1,2540,00,00 and the sum of the public charges, such as electricity charges, management fees, water supply fees, etc. (hereinafter “the instant overdue rent, etc.”).

F. The expression of intent that “the Plaintiff and the designated parties will terminate the instant lease agreement on the grounds of arrears, such as the above rent, etc. by the Defendant, and the expression of intent that “the appointed parties transfer to the Plaintiff the Plaintiff the claim for the overdue rent, etc. and the claim equivalent to the rent arising after the termination of the instant lease agreement, to the designated parties” was sent to the Defendant on January 17, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was duly terminated on January 17, 2018, where the Plaintiff and the designated parties agreed to terminate the contract on the grounds of the Defendant’s delay for more than three months of rent.

Therefore, the defendant is against the plaintiff and the designated parties of this case.

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