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(영문) 부산지방법원 2016.10.19 2015가합7872

건물명도

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1. Defendant C is against the Plaintiff (Counterclaim Defendant).

A. Attached Form 2 Map 1, 2, 3, 4. Of the area of 897m2 under the ground of the building indicated in Attached Form 1, 1.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On August 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant three-story lease agreement”) with Defendant E, setting the lease deposit amount of KRW 50 million for the lease deposit, KRW 2.2 million for the rent month (excluding value-added tax, the last day of each month), from August 1, 2013 to July 31, 2014, with respect to the lease deposit of KRW 304.32 square meters for the third floor of the building listed in attached Table 1, which is owned by the Plaintiff, 958.9 square meters for the third floor (hereinafter “the third floor lease”). The main contents are as follows. The Plaintiff around that time, Article 3 [Rent]

6. Where a soldier (Defendant E, hereinafter referred to as “A”), although he/she is unable to pay a rent under paragraph 1 and has been in arrears for not less than three months, he/she may take measures, such as the cancellation, cancellation, suspension of the contract, suspension of the supply of a single, heating, etc. without the prior peremptory notice, etc., and Byung shall not raise an objection thereto.

Article 7 (Cancellation of Contracts and Penalty)

1. Where Byung falls under any of the following subparagraphs, Eul (Defendant D; hereinafter referred to as "B") (hereinafter referred to as "Plaintiff") shall lose the benefit of time, and where Byung (hereinafter referred to as "Plaintiff") shall set a grace period of not less than seven days and notified Byung (hereinafter referred to as "Plaintiff") may terminate or rescind this contract if it is not performed after giving notice to Byung:

(i) Where the remainder of the rental deposit has been in arrears for not less than 30 days from the date of payment; 4) Where there is objective fact that Party A is aware that he/she has no capacity or intent to discharge, or to perform, any other contractual obligation, and the payment of the nine or more months has been in arrears;

2.If this contract is terminated or terminated under paragraphs 1 through 7 and 9 through 12 above, 10% of the total rental deposit shall be reverted to Gap with penalty, and Gap shall refund to Byung the amount obtained by deducting the penalty from the rental deposit already received.

Article 12 (Name of Rental Property)