(영문) 부산지방법원 2017.03.30 2016가단62596

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(영문) 부산지방법원 2017.03.30 2016가단62596

건물명도등

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1. The Defendants jointly do so to the Plaintiff:

(a) One story of the ordinary steel structure, and other bridges, both of which are located on the ground of Busan Seo-gu D;

Reasons

1. Basic facts

A. On July 16, 2015, the Plaintiff: (a) leased the leased deposit of KRW 50 million, monthly rent of KRW 8 million (payment on January 16), and KRW 24 months for the lease deposit; (b) on the same day, the Defendants received KRW 10 million from the Defendants of the lease deposit; (c) the intermediate payment of KRW 10,000,000 from July 30, 2015, the remainder of KRW 30,000,000 until August 30, 2015, and the remainder of KRW 30,000,000 until July 30, 2015.

B. After the conclusion of the above lease agreement, the Defendants occupied and used the instant building as a factory, and did not pay the Plaintiff the sum of the intermediate payment and the remainder of the lease deposit (hereinafter “the lease deposit”).

C. On August 23, 2016, the Defendants agreed to terminate the instant lease agreement if the instant lease deposit is not paid by August 30, 2016 between the Plaintiff and the Plaintiff, and to pay damages for delay at the rate of 15% per annum from September 1, 2015 to the time of delivery of the instant building.

The Defendants did not pay to the Plaintiff the monthly rent of KRW 4 million, out of the monthly rent from July 16, 2016.

[Reasons for Recognition] Defendant B: Each entry of evidence Nos. 1 through 12, as a whole, Defendant C: The purport of the entire pleadings: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, it is reasonable to view that the Defendants jointly possess the building of this case and jointly and severally liable for the payment of rent. However, at the time of filing the lawsuit of this case, the Defendants delayed to pay rent for more than two months until the time of filing the lawsuit of this case, and on the other hand, the fact that a duplicate of the complaint of this case, stating the termination of the lease contract of this case on the grounds of the delinquency in payment of rent for more than two years, is apparent in the record,

참조조문

-민사소송법 제150조 제3항

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