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(영문) 대전지방법원천안지원 2016.07.14 2016가단103640
건물명도
Text

1. The Plaintiff:

A. Defendant B shall state “the building (leased) possessed by the Defendant” in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff leased each of the real estate listed in the Disposition No. 1 to the remaining Defendants, other than Defendant E, as “contract term,” “lease deposit,” and “rent,” respectively, in the attached Table No. 1, and ordered Nonparty J (Death on April 25, 2015) to Nonparty J (Death).

The term of lease is set at KRW 45,00,000, monthly rent of KRW 71,600, and the term of lease from September 29, 2014 to September 28, 2016, the said Defendants and J agreed that the Plaintiff may terminate the lease contract if the said Defendants and J were in arrears for more than three months.

B. After doing so, the remaining Defendants except Defendant E and J did not delay as the difference in the corresponding month stated in the separate sheet No. 2 attached hereto, and the Plaintiff notified the said Defendants and J of the termination of the lease agreement with the delivery of a duplicate of the complaint of this case.

C. Meanwhile, the J died on April 25, 2015, and Defendant E, his mother, solely succeeded to the property of the J.

【Defendants Grounds for Recognition】

1. Fact that there is no dispute over A, entry of evidence Nos. 1, 2-1, 4-1, and the defendant's purport of whole pleadings;

2. B,

5. The defendant under Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act (a judgment made by deeming the defendant as a host).

3. C,

4. Article 208 (3) 3 of the D Civil Procedure Act (Decision by public notice).

2. According to the above facts of determination as to the cause of the claim, each lease agreement between the plaintiff, the remaining Defendants, and the J except the plaintiff and the defendant E, shall be deemed to have been lawfully terminated by the plaintiff's termination notice on the ground of their delinquency in rent. Thus, barring any special circumstance, the plaintiff, and the defendant A-B is ordered.

The real estate mentioned in paragraph B, and the defendant B is subject to Section 1-A of the Disposition.

The real estate mentioned in paragraph (1), and Defendant C shall be subject to Section 1-C.

The real estate mentioned in paragraph (1), Defendant D shall be subject to the disposition of the court below.

Defendant E, as the heir of J, is the real property described in paragraph 1-D.

each of the real estates mentioned in the subsection shall be subject to delivery.

3. Determination on Defendant A’s assertion

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