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(영문) 서울중앙지방법원 2016.10.14 2016나39339
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant from the plaintiffs 156,586,667 to October 1, 2016.

Reasons

1. Facts of recognition;

A. As to the instant real estate owned by the Defendant and the Plaintiffs on May 16, 2013, the Plaintiffs entered into a lease agreement with the Defendant as to KRW 200 million, KRW 3 million per month, and KRW 3 million per month (payment in advance on June 14, 2013), and from June 14, 2013 to June 13, 2015, and the Plaintiffs agreed that the Plaintiffs may immediately terminate the lease agreement if the Defendant delays the payment of two or more vehicles (hereinafter “instant lease agreement”), and the Plaintiffs delivered the said real estate to the Defendant under the said agreement.

B. After that, the Plaintiffs and the Defendant concluded an extension contract for a period of four months until October 13, 2015 at the time of the expiration of the instant lease agreement, on the condition that the lease period is extended by four months until October 13, 2015: Provided, That the monthly rent was KRW 3 million to KRW 3.2 million.

C. However, the Defendant continued to pay the monthly rent to the Plaintiffs from August 14, 2015. Accordingly, on October 19, 2015 and January 8, 2016, the Plaintiff sent to the Defendant a notice of termination of the lease contract due to the second-term delinquency and expiration of the period, and the said notice was arrived at the Defendant around that time.

The defendant occupies and uses the real estate of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease contract between the plaintiffs and the defendant was lawfully terminated on October 19, 2015 by the notice of termination as of October 19, 2015, and thus, the defendant is obligated to deliver the real estate of this case to the plaintiffs, barring special circumstances. 2) Accordingly, the defendant is obliged to deliver the real estate of this case to the plaintiffs.

Domins, the following B.

As seen in this paragraph, the Plaintiffs are jointly and severally belonging to the Defendant at the time of the closing of the argument in this case.

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