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(영문) 서울동부지방법원 2015.07.14 2014가단48812
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

A. Among the buildings listed in the attached Form, each point of the attached Form 1, 2, 3, 4, and 1 is indicated in the attached Form.

Reasons

1. Facts of recognition;

A. On May 15, 2013, the Plaintiff agreed to Defendant B with each of the items indicated in the attached Form No. 1, 2, 3, 4, and 1, the lease deposit amount of KRW 40.58 square meters in the ship (a) connected with each of the items indicated in the attached Form No. 1, 2, 3, 4, and 1 (hereinafter “instant building”) was KRW 10 million in the lease deposit, KRW 50 million in the monthly rent, KRW 14,000 in the monthly rent, KRW 14,00 in the monthly rent, and the lease period was from May 15, 2013 to May 14, 2015. In the event that the overdue rent between Defendant B and the lessee reaches the two-year rent, the lessor agreed to be able to terminate the instant lease contract.

B. From the time when Defendant B leased the instant building from the Plaintiff, Defendant B jointly occupied the instant building with Defendant C and D.

C. From August 14, 2013, Defendant B delayed the payment of monthly rent, and the Plaintiff expressed to Defendant B the intent to terminate the instant lease agreement.

[Ground for Recognition: Facts without a partial dispute, entries in Gap evidence 1 through 7, purport of the whole pleadings]

2. Determination

A. According to the above facts, since the instant lease contract was terminated lawfully by the Plaintiff’s declaration of termination due to Defendant B’s declaration of termination, Defendant B, as a lessee of the instant lease contract, is obligated to jointly deliver the instant building to the Plaintiff as joint occupant of the instant building, and pay the Plaintiff the sum of 7 million won in arrears (500,000 won x 14 months) from August 14, 2013 to September 14, 2014, and pay the rent calculated at the rate of 50,000 won per month from September 15, 2014 to the completion date of delivery of the instant building.

B. As to Defendant B’s assertion, Defendant B agreed to pay the rent according to the instant lease agreement, and the Plaintiff also received monthly payment from Defendant D, the Plaintiff cannot comply with the Plaintiff’s claim. However, the Plaintiff is the lessee.

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