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(영문) 서울북부지방법원 2017.12.08 2017가단120445
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant C is subject to KRW 65,120,000 for the Plaintiffs.

Reasons

1. Basic facts

A. On August 26, 2010, Plaintiff A entered into a lease agreement with Defendant C to lease real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 30 million,000,000, monthly rent of KRW 1,800,000 (Additional tax separately), and the lease period from August 20, 2010 to August 30, 2015.

B. A dispute arose between the Plaintiff A and the Defendant C due to the signboards attached to the instant building.

Accordingly, on April 25, 2011, Plaintiff A filed a lawsuit against the above Defendant with the Seoul Central District Court 201Da370, and on April 25, 2011, a settlement was concluded that “When Defendant C delayed payment of monthly rent at least twice, or sub-leases or transfers the right to lease the leased object to a third party without the lessor’s consent, the lease contract may be terminated, and Defendant C shall promptly order the Plaintiff to order the leased object.”

C. On August 11, 2015, which was up to the expiration date of the term of lease specified in the above paragraph (a), the Plaintiffs concluded a lease agreement with Defendant C on a deposit of KRW 50,000,000 for the instant building, KRW 370,000 for the monthly rent (additional tax: KRW 4,000 for each month from August 30, 2017, KRW 4,000 for the last day of each month, and the last day for each month), and the term of lease from August 30, 2015 to August 30, 2020 for which the rent and management expenses are to be additionally collected at KRW 30% for delay (hereinafter “instant lease agreement”).

Defendant C did not pay the rent from August 2016.

On March 17, 2017, the Plaintiffs notified the above Defendant that the lease contract will be terminated on the grounds of two or more years of delay of rent.

As of the closing date of the pleading of this case, F, the husband of Defendant C, has registered the building of this case in the name of Defendant D and E and has occupied the building of this case.

[Reasons for Recognition] Defendant E: The remaining Defendants of confession are not disputed, and Nos. 1 through 1 are not disputed.

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