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(영문) 대구지방법원 2015.01.16 2013가단821689

건물명도 등

Text

1. Defendant A and B shall jointly and severally indicate to the Plaintiff the Attached Form 1.

Reasons

1. Determination as to Defendant A and B

A. From October 2009, the Plaintiff leased to Defendant A and Defendant B the part 120.53 square meters (hereinafter “the part within the ship”) of the part of the real estate listed in the attached Table No. 1 to 9 and 1 among the two floors of the real estate listed in the real estate list in the attached Table No. 1 to Defendant A and Defendant B. The Plaintiff leased the part within the scope of the 120.53 square meters (hereinafter “the part within the ship”) to Defendant A and Defendant B, and on March 21, 2011, leased the part within the scope of the 8,360,000 won (including the additional tax)

B. Defendant A and Defendant B did not pay the difference calculated at the rate of KRW 696,66 each month from December 19, 201 (=8,360,000, and less than the original as sought by the Plaintiff, as sought by the Plaintiff).

Fidelity, the Plaintiff expressed his intent to terminate the lease contract by serving the complaint of this case on the grounds of the unpaid rent.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 4, Gap evidence 5, the purport of the whole pleadings

B. Therefore, the above lease contract is terminated. Therefore, the Defendants are jointly and severally obligated to deliver to the Plaintiff the portion of the association established by the corporation and pay to the Plaintiff the money calculated at the rate of KRW 696,66 per month from December 19, 201 to the completion date of the delivery.

As to this, Defendant A asserts that he is merely a lessee and Defendant B is the actual lessee. However, according to each of the above evidence, it is difficult to accept the above argument by Defendant A in light of the following circumstances acknowledged as follows: (i) Defendant A voluntarily signed on the lease agreement as a lessee; and (ii) Defendant A’s business operator of the D Teaching Institute whose premises are located within a place of business, is the Defendant A.

2. Determination as to Defendant B and C

A. The Plaintiff, on March 21, 201, connected Defendant B and Defendant C with each point listed in the attached Form No. 9 through 19, and 9 among the two floors of real estate listed in the real estate list in the attached Table No. 3, the Plaintiff’s annual rent (including additional tax) for KRW 16,720,000.