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(영문) 서울고등법원 2014.12.19 2013나23565
건물명도 등
Text

1. The judgment of the first instance court, including the claims added by the plaintiffs in the trial room, shall be modified as follows.

The defendant.

Reasons

Basic Facts

The main floor, the second floor, the third floor, and the fourth floor of the building in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “instant real estate”) are registered in common by the plaintiffs.

On July 14, 2010, the plaintiffs concluded the following lease agreements (hereinafter referred to as the "lease agreements of this case") on the lease of the real estate of this case from July 1, 2010 to June 30, 2012, from July 1, 2010 to June 30, 2012, the deposit amount of KRW 110,000,000, monthly rent of KRW 10,400 (excluding value-added tax), management expenses of KRW 2,060,00 (excluding electricity tax, water tax, etc.).

[Lease Contract (No. 1-1) provides only Plaintiff A as a lessor, but the Defendant also acknowledged the Plaintiff’s assertion that the Plaintiff is a lessor of the instant lease agreement through a written reply of February 13, 2012, which was made on the first day of pleading on November 8, 2012 at the court of first instance, as stated on November 8, 2012]. If the lessee of Article 6 fails to pay monthly rent at least twice, the lessor may terminate the said lease agreement.

Article 7. If the lessor or lessee has failed to perform the terms of this Agreement, the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

[Matters of Special Agreement]

1. Monthly management expenses are KRW 2,060,00, including surtax, and monthly rent is set aside separately from surtax 2.2. The Plaintiffs of the instant sub-lease contract delivered a written consent to sub-lease to the Defendant at the time of the conclusion of the instant lease agreement.

Accordingly, the Defendant sub-leased part of the instant real estate to Defendant C, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q in the first instance trial.

(hereinafter the above co-defendants of the first instance court (hereinafter referred to as the “sub-lessees”). The defendant who terminated the lease contract by the plaintiffs did not pay rent, etc. for June and July 201.

Accordingly, on August 16, 2011, the Plaintiffs urged the Defendant to pay the rent in arrears by content-certified mail. Accordingly, on August 26, 2011, the Defendant urged the Plaintiffs to pay the rent in arrears.

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