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(영문) 서울북부지방법원 2015.05.27 2014가합677

건물명도 등

Text

1. Of the instant lawsuits, the part of the claims filed by the Appointor E, the Appointor F, the Appointor G, the Appointor H, the Appointor I, and the J.

Reasons

1. Facts of recognition;

A. On June 14, 2013, the Plaintiff, on behalf of the Plaintiff and the designated parties, leased three floors of the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B and Defendant C as the chairperson of the operation conference of the three-story joint business operators of the K Building House, as the lease deposit amount of KRW 250 million (the date of the contract deposit of KRW 150 million, the balance of KRW 100 million, the payment of KRW 100 million, the remainder of KRW 100 million, August 14, 2013), five years, the lease period of KRW 18 million, and the type of business (three months after the contract date).

(hereinafter “instant lease agreement”). B.

Defendant B and Defendant C paid KRW 150 million out of the lease deposit to the Plaintiff at that time, and thereafter, the Plaintiff and the designated parties handed over the instant real estate from the Plaintiff and carried out interior works, and Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd”) continued to operate a mutual wedding ceremony, “L” from September 14, 2013 to the date of closing the argument of the instant case.

C. On October 23, 2013, the Plaintiff and the designated parties notified Defendant B and Defendant C that the instant lease agreement will be terminated on the grounds of the remainder of lease guarantee and the violation of the limited business type. The said notification reached the said Defendants around that time.

Defendant B and Defendant C did not fully pay to the Plaintiff the rent under the above lease agreement.

[Grounds for Recognition]

1. Confession: Defendant 2.

3. In the absence of dispute: the purport of entry of Gap evidence 1-1 through 155, Gap evidence 2, 7, 8, 12, 13, 17, 20 through 23, 39, 40, Gap evidence 3, 4, 26-1, 2, 5-1, 2, 3, 6, 28-1 through 5, 9-1 through 6, Gap evidence 24-1 through 8, 25-1 through 9, Gap evidence 37-1 through 15, Eul evidence 38-1 through 7, Eul evidence 4, 5, 8, 18, 19-2, and 9-1 through 5-1, respectively;

2. The defense prior to the merits.