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(영문) 대구지방법원안동지원 2015.09.09 2015가단1055

건물명도 등

Text

1. The Defendants are jointly and severally organized with the Plaintiff on the third floor of E-ground reinforced concrete and cement brick sloping roof.

Reasons

1. The fact that the Plaintiff, on October 1, 2005, leased the leased deposit amounting to KRW 5 million and KRW 400,000,000,000 to Defendant B (hereinafter “the instant lease contract”); at present, Defendant B, along with Defendant C, who is the spouse, is running Defendant D at the instant store (hereinafter “Defendant Company”); Defendant C and the Defendant Company promised to pay the Plaintiff the rent under the instant lease contract. However, the Defendants failed to pay the rent to the Plaintiff for more than 10 months after April 2014, it is evident that the Plaintiff’s declaration of intent on August 12, 2015 was made on the ground that the Plaintiff was not paid rent for more than 2 years.

Therefore, the Defendants jointly and severally deliver the instant store to the Plaintiff, and as to the unpaid rent of 4 million won from April 2014 to February 2015, Defendant D Co., Ltd. from March 14, 2015 on the record that it is clear that it is the day following the delivery of a copy of the complaint, Defendant B is the day following the delivery of a copy of the complaint, from June 24, 2015 to June 27, 2015 on the record that it is obvious that Defendant C is the day following the delivery of a copy of the complaint, from June 27, 2015 to September 9, 2015, each of which is the day following the delivery of a copy of the complaint, and from the next day to the day of full payment, Defendant C is obligated to pay the money calculated by the annual rate of 20% per annum as stipulated in the Civil Act, and from March 1, 2015 to the day after the completion of each contract.

2. Conclusion, the Plaintiff’s claim against the Defendants is with merit. It is so ordered as per Disposition.