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(영문) 수원지방법원 2016.08.24 2015가단144200

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) C is from the Plaintiff (Counterclaim Defendant) to the list from May 25, 2015, from each of the KRW 50,000,000.

Reasons

A principal lawsuit and counterclaim shall be deemed to be a same.

1. Facts of recognition;

A. On February 1, 2015, Defendant C entered into a lease agreement with the Plaintiffs on the lease deposit amount of KRW 50 million, monthly rent of KRW 2 million (excluding value-added tax), and from February 1, 2015 to February 27, 2016, with a portion of KRW 66 square meters in the attached Table 2 drawings among the real estate 1st floor 246.97 square meters in succession (hereinafter “part of (a) in the ship”) connected with each of the items in the attached Table 3, 4, 7, 8, and 3, as indicated in the attached Table 1 list, and has been occupied and used until now.

B. On February 1, 2015, Defendant D entered into a lease agreement with the Plaintiffs on the lease deposit amounting to KRW 50 million, monthly rent of KRW 1.5 million (excluding value-added tax), and from February 1, 2015 to February 27, 2016, with respect to the portion of KRW 79.33 square meters in the attached Form 2 drawings among the real estate 1st floor 246.97 square meters in sequence 246.97 square meters in order, Defendant D owned and used the portion of KRW 79.33 square meters in the ship (hereinafter “part of (b) in the ship”).

C. According to each of the above lease agreements, in a case where the amount of the rent in arrears reaches the amount of two-year rent, the lessor may terminate the lease agreement immediately.

The Defendants paid only the monthly rent on March 2015 and April 2015, and did not pay the monthly rent thereafter. Accordingly, on December 2, 2015, the Plaintiffs sent to the Defendants a written notice of termination of each of the above lease agreements by content-certified mail on the grounds that the monthly rent for at least three months was overdue, and the said notice of termination was served respectively on the Defendants on December 3, 2015.

[Reasons for Recognition] The fact that there is no dispute, entry of Gap evidence 1 to 4 (including a branch number, if any) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, a lease agreement between the plaintiffs and the defendants is based on the defendants' delinquency of not less than two years of rent.