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Reasons
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(영문) 부산지방법원 동부지원 2018.08.22 2017가단9703
건물명도 등
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1. Defendant B shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. Defendant SPP Co., Ltd.

Reasons

1. Facts of recognition;

A. On January 10, 2013, the Plaintiff concluded a lease agreement with Defendant SPS Co., Ltd. (hereinafter “Defendant SPS”) and with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) as one year from January 11, 2013 to January 10, 2014, with a lease deposit of KRW 20 million, monthly rent of KRW 1.2 million (the 11st day of each month), and the lease term of KRW 1.2 million from January 11, 2013 to January 10, 2014.

(hereinafter referred to as "the first lease contract"). (b)

The plaintiff delivered the apartment of this case to the defendant SP pursuant to the first lease agreement, and the defendant SP paid the plaintiff the above lease deposit amount of KRW 20 million to the plaintiff.

C. From the time of the conclusion of the first lease agreement, Defendant EP had transferred the instant apartment to Defendant B with the Plaintiff’s consent, and Defendant B resided in the instant apartment from that time.

In January 2014, the Plaintiff and Defendant Escaris concluded a lease agreement with the following terms: (a) from around January 2014, the first lease agreement expires, the rent was increased by KRW 1.3 million per month; (b) on October 15, 2014, the lease agreement was renewed as of October 15, 2014; (c) KRW 20 million per month; (d) KRW 150,000 per month; (e) on November 15, 2016 to November 14, 2018; and (e) on two years from November 15, 2016 to November 14, 2018.

(hereinafter referred to as “second lease contract”). (e)

After the conclusion of the second lease agreement, the Defendants did not pay a total of 3 million won for November and December 2016, and on August 18, 2017, the Plaintiff filed the instant lawsuit against the Defendants, and expressed to Defendant SP on the ground that the amount of delayed rent reaches the amount of two times of the second lease. The instant warden, stating the declaration of intention, reached Defendant SP on September 13, 2017.

F. The Defendants did not pay rent since September 15, 2017, and Defendant B did not pay rent to the present apartment.

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