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(영문) 서울서부지방법원 2016.09.22 2016가단218389
건물명도
Text

1. The defendant shall have the second floor of 228.78 square meters and three floors among the buildings indicated in the attached list to the plaintiff (appointed party) and the appointed party C, and 225.

Reasons

① On August 21, 2014, the Plaintiff (Appointed Party) entered into a lease agreement with the Defendant for KRW 50 million, monthly rent of KRW 8,635,00 (including value-added tax) with respect to the building on the attached list Nos. 2, 3 (hereinafter referred to as “instant building,” and both the Plaintiff (Appointed Party) and the appointed parties) owned shares of 1/2 with the Defendant, respectively, as indicated in the attached list; ② the Defendant paid the aforementioned deposit to the Plaintiffs; ② the Defendant occupied and used the instant building, and delayed the rent from November 2015; ③ the Plaintiff notified the Defendant of the termination of the lease agreement on April 18, 2016; and as of April 30, 2016, the Defendant’s rent of KRW 5,181,000,000 as of April 30, 2016, or the Plaintiff’s evidence Nos. 1,55,000, respectively.

Therefore, the above lease contract was lawfully terminated on or around April 18, 2016 by the plaintiffs' notice of termination on the grounds of the defendant's forest land, and thus, the defendant is obligated to deliver the building of this case to the plaintiffs, and to pay 1810,000 won, which is calculated at the rate of 8,635,000 won per month from May 1, 2016 to the delivery date of the above building by the defendants.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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