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(영문) 부산지방법원 동부지원 2017.01.18 2016가단203225

건물명도

Text

1. The Plaintiff:

A. Defendant B’s each point of the separate sheet Nos. 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

나. 피고들은 원고와 사이에, 별지 <피고별 임대차계약> 표의 ‘임대차계약 내용’란 기재 각 ‘최초계약일’ 기재 일시에, 이 사건 건물 중 각 별지 도면 표시 ⑥,⑩,⑪,⑬,⑮,, 점포(이하 ‘이 사건 각 점포’라 한다)에 관하여 위 <피고별 임대차계약> 표의 ‘임대차계약 내용’ 기재와 같은 임대차계약을 각 체결하였다

(hereinafter “each of the instant lease agreements”) C.

The Defendants have received delivery of each of the instant stores at the time stated in the “the first date of the lease agreement” column in the separate sheet by the Defendant, and are engaged in the same business as “the leased object” in the separate sheet by the Defendant.

While each of the instant lease agreements has been renewed continuously, the Plaintiff drafted a lease agreement between Defendant B and Defendant B from February 1, 2015 to 11, and the lease term between the remaining Defendants and the remaining Defendants from January 1, 2015 to December 12, 2015 respectively.

E. On August 7, 2015, the Plaintiff notified Defendant D of his/her intention to cancel the lease agreement by August 30, 2015 on the ground that the said Defendant occupied the store, which is an object of the lease, without permission, and notified Defendant D of his/her intention to surrender the object by August 30, 2015, and notified the rest of the Defendants of their intention to leave around December 31, 2015, the lease term expires.

F. On October 2015, the remaining Defendants, except Defendant G, issued to the Plaintiff a letter of performance assurance as follows with the indication of real estate possession right:

(2) Article 6(6) of the instant lease agreement provides that “A lessor may terminate the lease agreement with the maximum period of one month even during the term of the contract” (Article 6(6) of the instant lease agreement.