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(영문) 대전지방법원서산지원 2015.03.13 2014가단52959

건물명도

Text

1. Defendant C:

A. The real estate listed in the separate sheet No. 1 to the plaintiff A, and the plaintiff B are listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the owner of the real estate listed in the attached Table 1 (hereinafter referred to as “real estate 1”), the Plaintiff B is the owner of the real estate listed in the attached Table 2 (hereinafter referred to as “second real estate”), and the Plaintiffs are the married couple.

B. On April 30, 2013, Plaintiff A entered into a lease agreement with Defendant C by setting the rental deposit of KRW 13,000,000 for the first real estate, KRW 1,430,00 for the monthly rent of KRW 1,30,00 for the first real estate (payment of KRW 130,000 for the rent of KRW 130,000 for the last day of each month), management fees of KRW 20,00 for the lease period of KRW 1 year for the lease period of KRW 4,00 for the second real estate, and the Plaintiff B entered into a lease agreement with Defendant C for a period of KRW 40,00 for the second real estate as of the same day (the rent of KRW 40,00 for the rent of KRW 40,00 for each month, the last day of each month), management fees of KRW 10,00 for the lease period of KRW 1 year for the lease period of KRW 2.

C. The Defendants occupied the real estate as married couple, Nos. 1 and 2 until now, and paid rent and management expenses to the Plaintiffs from January 2014.

On July 3, 2014, the Plaintiffs notified the Defendants of the termination of the lease agreement on the grounds of the delinquency in rent, etc.

E. After filing the instant lawsuit, Defendant C deposited KRW 16,00,000 on September 30, 2014, under the pretext of the payment of rent for arrears up to that time, etc. to Plaintiff A.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6 (including each number in the case of additional statements), Eul evidence No. 1, and the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract for the real estate Nos. 1 and 2 was lawfully terminated, Defendant C pays to the Plaintiff: (1) the sum of the rent and management fee for arrears from October 1, 2014 to February 28, 2015 (i.e., KRW 7,250,000 (= KRW 1,450,000 x 5 months x 5 months) and the monthly rent and management fee for the real estate No. 1,450,000 from March 1, 2015 to February 28, 2015; and (3) the Plaintiff paid to the Plaintiff the sum of the rent and management fee for arrears from October 1, 2014 to February 28, 2015 to February 2, 205.