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(영문) 수원지방법원 2016.03.16 2015가단123876

건물명도

Text

1. The defendant,

A. To deliver the real estate listed in the separate sheet to the plaintiffs;

B. From September 11, 2014, the above real estate.

Reasons

1. Facts of recognition;

A. The Plaintiffs, as owners of the E-si factory site and the two-story factory building on the above ground (hereinafter “instant real estate”) in Osan-si, Osan-si, owned the shares of 40/10 in each of the instant real estate, and the shares of 10/10 in each of the Plaintiff A, C, and D.

B. On July 11, 2013, the Plaintiffs and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate by setting the respective period from August 11, 2013 to August 10, 2018, by setting the deposit amount of KRW 100 million, KRW 900,000,000 (including value-added tax, and KRW 10,000 per month, but 5% per year) and the lease period from August 11, 2013 to August 10, 2018.

C. The defendant paid 100 million won to the plaintiffs, and received the real estate of this case and operated the automobile maintenance factory.

However, according to the instant lease agreement, the Defendant is obligated to pay the Plaintiffs the rent of KRW 9.9 million on the 10th day of each month in the late payment for one year from August 11, 2013, and the rent of KRW 10,395,00 (including value-added tax) increased by 5% from August 11, 2014, the Defendant paid only the rent up to the portion of August 2014, and did not pay the rent after September 11, 2014.

E. On July 17, 2015, a duplicate of the complaint of this case containing the Plaintiffs’ declaration of intention to terminate the instant lease agreement, on the grounds of the Defendant’s delinquency of rent more than two times, was served on the Defendant.

[Reasons for Recognition] Facts without dispute, evident facts in records, each part of Gap 1-4 (including the branch number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on July 17, 2015 due to the Defendant’s delinquency in rent. Thus, the Defendant delivers the instant real estate to the Plaintiffs, and the Plaintiff A, and B, from September 11, 2014 to the delivery date of the instant real estate, KRW 4,158,00 per month (==10,395,000 x 40/100), respectively, to the Plaintiff C, and D, KRW 1,039,50 per month (=10,395,000 x 10/100).