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(영문) 창원지방법원 2015.12.01 2015가단73305

건물명도청구의 소

Text

1. At the same time, the Defendant received KRW 50,000,000 from the Plaintiffs, and at the same time, acquired real estate in attached Table 1 to the Plaintiff A.

Reasons

1. Facts of recognition;

A. The Plaintiff A and the Plaintiff B are the owners of the real estate listed in the separate sheet No. 1 and the owners of the real estate listed in the separate sheet No. 2. The Defendant concluded a lease agreement with the Plaintiffs on the real estate listed in the separate sheet No. 1 and No. 2 (hereinafter “instant leased object”) and run a pharmacy.

B. On December 27, 2008, the Plaintiffs and the Defendant entered into a lease agreement with the term of KRW 100 million, monthly rent of KRW 5.5 million, and the term of lease of the instant leased object for 36 months (hereinafter “the instant primary lease agreement”), and the term of the contract (three years) shall be renewed unless there are special circumstances in the context of the special agreement at the time. The amount of rent shall be determined by the agreement of the parties within 20%.

C. On December 26, 2011, the Plaintiffs and the Defendant concluded a lease agreement with the terms of KRW 100 million, monthly rent of KRW 6250,000, and 39 months for the leased object of this case.

hereinafter referred to as "the second lease contract of this case"

(D) On the other hand, around July 9, 2013, the Plaintiffs leased KRW 50 million to the Defendant on the basis of the interest rate of KRW 350,000 per month, the due date for payment on March 27, 2015. [The grounds for recognition: the fact that there is no dispute, the entry of KRW 1, 2, and 6 (which includes the serial number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to deliver the leased object of this case to the Plaintiffs, barring special circumstances, since the lease period for the leased object of this case has expired on March 26, 2015. Thus, as the Plaintiff seeks, the Defendant is obligated to deliver the leased object of this case to the Plaintiffs, and at the same time to deliver the leased object of this case after deducting the loan amount of KRW 50 million, which the Defendant is obligated to pay to the Plaintiff from the lease deposit, as requested by the Plaintiff.

3. The defendant.