(영문) 서울서부지방법원 2015.05.20 2014가단239528

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(영문) 서울서부지방법원 2015.05.20 2014가단239528

건물명도

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1. The Defendants (Counterclaim Plaintiff) jointly do so to the Plaintiff (Counterclaim Defendant).

(a) the first floor of each building listed in the separate sheet;

Reasons

As the main lawsuit and counterclaim are common issues, they are judged as same.

1. Facts of recognition;

A. On November 30, 2013, the Plaintiff, co-owner of the Seoul Mapo-gu D and E’s ground buildings, connected each point of which is indicated in the attached Form No. 1, 2, 3, 4, 5, and 1 among the buildings listed in the attached Table No. 1, 2, 3, 4, 5, and 6, 7, 8, 9, and 6, 9, and 6, 6, 8, and 6 of the “A” portion of “B” connected each point of which is indicated in the attached Form No. 1, 2, 3, 4, 5, and 6 (hereinafter “the leased object of this case”) and leased the leased object to Defendant B by setting the lease agreement period from November 30, 2013 to November 29, 2015 (hereinafter “the lease agreement”).

Defendant B paid only KRW 70,000,000 among the deposits under the lease of this case, and did not pay the remainder of KRW 30,000,000.

B. The Defendants jointly possess and use the leased object of this case and operate a restaurant with the trade name of “F”.

The actual payment date of the due date for the payment of the period (A. 7 and 8) shall be December 31, 2013, the date of the actual payment of the payment date for the period, on January 2, 2014, January 2, 2014, January 31, 2014; on the ground that the Plaintiff’s termination of the lawsuit as of February 31, 2014 as of February 28, 2014, on February 31, 2014, on March 31, 2014, on April 10, 2014; and on the ground that the Plaintiff’s termination of the lawsuit as of April 30, 2014, on July 4, 2014, July 14, 2014; and on the ground that the Plaintiff’s termination of the lawsuit as of February 14, 2014 as of February 31, 2014.

C. Defendant B was in arrears from the beginning of the contract, and on this ground, the Plaintiff notified the Plaintiff of the demand for rent and the termination of the contract due to overdue delay several times, and the details thereof are as listed below.

According to the lease contract of this case, the lessor may terminate the lease contract in the event of the lessee’s default of rent.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, 7 through 9, and the whole purport of the pleading.

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