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(영문) 대구지방법원경주지원 2015.05.22 2014가단4920
건물명도 등
Text

1. The Plaintiff:

A. Defendant B and C shall order the real estate listed in the separate sheet;

B. Defendant B shall be KRW 8,890,000 and this shall apply.

Reasons

1. Basic facts

A. On September 26, 2011, the Plaintiff entered into a monthly rental agreement of KRW 500,000 ( KRW 570,000 on October, 201) and a lease agreement of KRW 24 months on the instant lease agreement with Defendant B (hereinafter “instant lease agreement”) with Defendant B, and delivered the said real estate to Defendant B.

B. However, Defendant B did not pay to the Plaintiff the monthly rent under the instant lease agreement, and the sum of unpaid monthly rent (8.730,000 won) and unpaid taxes and public charges (1.690,000 won) as of August 2014 reaches KRW 8.89,00.

C. Defendant C currently occupies and uses the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts acknowledged earlier, the instant lease agreement was terminated due to Defendant B’s nonperformance of the obligation to pay rent, and thus, Defendant B and C are obliged to order the instant real estate, and Defendant B is obliged to pay the amount at the rate of KRW 570,000 per month from September 1, 2014 to September 1, 2014.

B. Meanwhile, the Plaintiff asserted that he guaranteed the obligation to pay the rent for the instant lease agreement with Defendant D and sought payment of the rent for arrears and the tax and public charges jointly with Defendant B. Therefore, it is not sufficient to acknowledge the above guarantee fact by only the written evidence Nos. 2 and 3, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim against Defendant D is without merit.

3. Thus, the plaintiff's claim against the defendant B and C is justified, and the claim against the defendant D is dismissed as it is without merit. It is so decided as per Disposition.

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