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(영문) 의정부지방법원 2018.07.25 2017가단131639
건물명도(인도)
Text

1. The plaintiffs' complaint of this case stated "the plaintiff," but this is called "the plaintiff."

Reasons

1. Basic facts

A. The Plaintiffs’ registration of the land indicated in the separate sheet No. 1) The Plaintiffs are the land indicated in the separate sheet No. G from G (hereinafter “instant land”).

(2) On October 30, 2017, the Plaintiff purchased shares and completed the registration of transfer of ownership in the name of the Plaintiffs. (2) The Plaintiffs succeeded to a lease agreement with the Defendants from G or H as follows.

B. On July 29, 2016, Defendant C’s lease agreement and the rent-to-rent 1) indicated in the annexed drawings among the instant land between H and H on July 29, 2016, Defendant C is a vinyl of 50 square meters (hereinafter “the leased-to-rent portion”).

(3) As to the lease deposit (hereinafter “instant lease contract”) with a term fixed from July 29, 2016, the lease deposit amount of KRW 3 million, monthly rent of KRW 680,000 (including water supply, monthly payment) and the lease term of KRW 29,000,000 (hereinafter “instant one lease contract”).

(2) When concluding a contract, Defendant C had been operating a restaurant on the leased part of the above 1st unit, on the ground that the Plaintiffs interfered with the roof construction, the Plaintiffs did not pay a monthly rent from November 2016.

C. Defendant D’s lease contract 1) On February 28, 2014, Defendant D indicated in the separate sheet between H and the land indicated in the separate sheet between H, 5, 6, 7, 9, 8, and 5, and 50 square meters in a plastic house (B) connected each point in sequence.

(3) The term “instant two lease agreement” refers to a lease agreement under which the term of the lease deposit is three million won, the monthly rent of 400,000 won (payment on March 1), and the term of the contract from March 1, 2014 to February 28, 2016 (hereinafter “instant two lease agreement”).

(2) In concluding the contract, Defendant D entered into the said two-month lease agreement with the lessor to voluntarily withdraw from the rent of KRW 400,000 per month, and agreed to pay KRW 680,000 to the lessor in addition to the charge for compelling compliance.

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