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(영문) 서울서부지방법원 2017.01.12 2016가단218112

건물명도

Text

1. The defendant is against the plaintiffs:

A. Ordering each point of the same drawings among the buildings listed in the separate sheet, 1, 2, 3, 4, 1.

Reasons

1. According to the evidence Nos. 1 through 7, 10 through 12, and No. 1 of the above evidence No. 2, around September 2008, the plaintiffs' net E changed the lease deposit of the store of this case from around 2000 to KRW 3,00,00 for monthly rent of 1,2,3,4, and 1 of the same drawings from among the buildings listed in the separate sheet No. 208 to the defendant on Nov. 20, 208, and the defendant provided a notice to the defendant as to the above 200,000 won for monthly rent of 5,00,000 for the reasons that the lease deposit of the store of this case was over 3,00,000, monthly rent of KRW 250,000, KRW 250, KRW 2000, KRW 1000, KRW 300,000, KRW 25,200, KRW 2000.

According to the above facts of recognition, the defendant did not pay three or more monthly rents.

Therefore, the above lease contract was lawfully terminated by expressing the plaintiffs' intention to terminate the contract, and the defendant is obligated to deliver the store of this case to the plaintiffs, barring special circumstances, and pay the remaining 6,910,000 won (=9,910,000 won-3,000 won) calculated by deducting the deposit from the unpaid monthly rent until September 2016 to 2016, each of 2,303,3333 won (=6,910,000 won x 1/3) according to the plaintiffs' shares in inheritance and 83,333 won (=250,000 won x 1/3) per month from October 1, 2016 to the completion date of the delivery.

2. The defendant's assertion and judgment

A. The Defendant: (a) leased the instant store at KRW 5,00,000, and KRW 250,000 for monthly rent; and (b) unpaid KRW 1,500,000 for monthly rent; and (c) did not pay the remainder of monthly rent.