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(영문) 부산지방법원 2016.03.31 2015가단58309

건물명도등

Text

1. Defendant B from March 11, 2016 to the completion date of delivery of each of the real estate listed in the separate sheet among the instant lawsuits.

Reasons

1. Facts of recognition;

A. From 199 to 199, the Defendants occupied and used the instant building by means of renewal whenever a lease contract is concluded with respect to the building indicated in the attached Form (hereinafter “instant building”) 2 and 3 floors and by renewal whenever the lease contract is terminated. Lastly, between Defendant C and D on June 10, 2009 and D, the deposit amount of the second floor 134.40 square meters of the instant building is KRW 5 million, monthly rent is KRW 450,00,000, and the lease period is from June 30, 2009 to 24 months. Defendant B entered into a lease contract with D on October 1, 2012 with respect to 134.03 square meters of the instant building without setting the lease term of each of the instant buildings (hereinafter “the lease term of each of the instant buildings”).

B. D Deceased on September 6, 2013, and the Plaintiff inherited the instant building following a consultation and division. The Defendants were in arrears for a period of six months from September 2014 to February 2015.

2. 27. The Defendants expressed their intent to terminate each of the instant lease agreements through content-certified mail.

C. On March 23, 2015, the Defendants paid to the Plaintiff all the overdue debts in arrears, and thereafter, paid to the Plaintiff the monthly overdue debts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings

2. The party's assertion and judgment

A. According to the above facts, each of the instant lease agreements was lawfully terminated by the Plaintiff’s notice of termination due to the Defendants’ delinquency in payment of rent. Therefore, the Defendants are obligated to deliver each of the 2 and 3 floors of the instant building. 2) The Defendants were automatically extended upon implied renewal between the parties after the expiration of each of the instant lease agreements.