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(영문) 수원지방법원 2020.08.20 2020가단505458
건물명도 등
Text

The Defendant (Appointed Party) and the appointed parties C, D, and E:

A. Attached Form 2. of the first floor of the real estate listed in Attached Table 1.

Reasons

1. The fact of recognition is that the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties C, D, and E (hereinafter collectively referred to as “Plaintiffs”) are one-fourth right holders of the real estate listed in the attached Table 1 [Attachment 1]. On February 15, 2017, a lease agreement was concluded between F and F, the Defendant’s spouse, with respect to the portion inside the ship, which is 75.5 square meters in sequence connected with each point of the above real estate (hereinafter “the instant real estate”) 1,20 million won, monthly rent 1,320,000 won (including value-added tax, and 15,000 won after March 15, 2017) and from March 15, 2017 to March 15, 2019.

On July 25, 2019, the term of the above lease was renewed and extended until March 15, 2021. The Plaintiffs decided to change the lessee’s name to the Defendant at the request of the Defendant and F, and drafted again the same content of the above lease agreement with the Defendant (the term of the lease was changed from March 15, 2019 to March 15, 2021), and the Defendant agreed to fully succeed to the rights and obligations under the previous lease agreement.

(hereinafter “instant lease agreement”). The Defendant is operating an excess point in the instant real estate, and the Defendant is in arrears with a 13-month difference as of January 15, 2020.

Accordingly, on January 17, 2020, through the instant complaint, the Plaintiffs expressed their intent to terminate the instant lease agreement on the grounds of delinquency in rent. The duplicate of the instant complaint was served on the Defendant on March 2, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated on March 2, 2020, in which the copy of the complaint of this case containing the plaintiffs' declaration of intent to terminate the lease contract of this case on the grounds of the defendant's delinquency in rent, and thus, the defendant is the defendant.

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