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Reasons
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(영문) 대전지방법원 2015.11.19 2015가단215110
건물명도
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1. The Defendants shall deliver to the Plaintiff the buildings listed in the attached Table.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On October 9, 2008, the Plaintiff leased the building listed in the attached list to Defendant B as security deposit of KRW 10 million, monthly rent of KRW 250,000,000, and the lease period of the attached list for one year from October 28, 2008. The lessor may terminate the lease contract if the lessee fails to pay the rent more than twice continuously, and the lessee agreed to return the leased building to the lessor by restoring the leased object to its original state upon termination of the lease contract.

B. Since the subsequent change of the rental deposit to five million won and three million won, the said lease contract has been renewed, Defendant B is under arrears with the rent from March 2012 to October 2012, and the rent from May 2015 to October 2015.

C. Meanwhile, after the conclusion of the above lease contract, Defendant C is residing in the building indicated in the attached Table with the consent of Defendant B.

[Reasons for Recognition]

(a) Against Defendant B: Confession deemed to have been made;

(b) Defendant C: Facts without dispute, entry of evidence A No. 1 to No. 7, and the purport of the whole pleadings

2. According to the above facts of recognition, the lease agreement between the Plaintiff and the Defendant B was duly terminated upon delivery to the Defendant B of a copy of the complaint of this case containing the Plaintiff’s declaration of intention to terminate the lease on the grounds of the delinquency in rent between the Defendant B and the Defendant’s termination of the lease agreement.

Therefore, Defendant B is obliged to restore the lessee’s duty upon termination of the lease, and Defendant C is obligated to deliver the building indicated in the attached Table to the Plaintiff as an illegal occupant after the termination of the lease. Therefore, the Plaintiff’s claim of this case is justified and is so decided as per Disposition.

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