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(영문) 제주지방법원 2016.10.04 2016가단5084
건물명도등
Text

1. From 10,00,000 to 16,000 won, the Defendant shall from August 16, 2015 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. Basic facts

A. On July 16, 2012, D concluded a lease agreement with the Plaintiffs, the owner of the instant building, and the building of this case, determined the lease deposit amounting to KRW 10,000,000 (including value-added tax), monthly rent of KRW 913,00 (including value-added tax), from July 16, 2012 to July 15, 2014, and thereafter used the instant building after delivery.

B. On July 16, 2014, D concluded a lease contract with the Plaintiffs to lease the instant building with the term of KRW 10,000,000 for lease deposit, KRW 913,00 for monthly rent (including value-added tax), KRW 143,00 for monthly management expenses (including value-added tax), and KRW 143,00 for the term of lease from July 16, 2014 to July 15, 2016, and the Defendant newly concluded a lease contract with the Plaintiffs on June 20, 2015, and used the instant building upon delivery from around that time.

C. The Plaintiffs, from August 2015 to August 4, 2016, did not pay monthly rent and management expenses. On March 4, 2016, the Plaintiffs sent to the Defendant a letter verifying that “if unpaid rent, etc. are not deposited into a designated account by March 15, 2016, the Plaintiff would terminate the lease contract”, and submitted the instant complaint to this court on April 12, 2016, stating the declaration of intent to terminate the said lease. The copy of the instant complaint was served to the Defendant on June 8, 2016.

【Facts without dispute over the grounds for recognition, Gap evidence 1-1 through 4, Gap evidence 2-2-4, and the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract between the plaintiffs and the defendant was terminated by the termination of the contract between the plaintiffs on June 8, 2016 on the grounds that the defendant did not pay the above rental fees and management expenses. Thus, the defendant is from the plaintiffs.

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