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(영문) 서울남부지방법원 2016.08.25 2016가단217332
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) 8,814,329 won;

Reasons

1. Facts of recognition;

A. On January 8, 2015, the Plaintiff entered into a lease agreement with Defendant Fururxer Co., Ltd. on the real estate listed in the separate sheet between January 31, 2015 and January 31, 2016, with a contract term of 24 million won, and a rent of 2.4 million won. After that, the Plaintiff entered into a lease agreement with Defendant Furxer Co., Ltd. to change the lessee’s name to Fururxler Co., Ltd., Ltd. to Furxler, and entered into a lease agreement between August 20, 2015 to January 20, 2016.

B. Defendant Furababbakis, with the Plaintiff’s consent, sublet the above real estate to Defendant Fururabafers, and the Defendants occupied and used the above real estate as of the date of closing argument.

C. As from December 10, 2015, Defendant Furur Abnbs Ltd., the Plaintiff delayed the said lease contract from December 10, 2015. On March 31, 2016, the Plaintiff terminated the said lease contract.

On May 20, 2016, the Plaintiff agreed between the Defendants and the Defendants that “the Defendants jointly deliver to the Plaintiff the real estate indicated in the separate sheet, and KRW 50% of the rents of KRW 17,628,658, which were overdue until May 3, 2016, until May 3, 2016, the remainder 50% shall be paid by installments until June 30, 2016, and the rent of KRW 2640,000 shall be paid by June 30, 2016.”

E. The Defendants paid only KRW 8,814,329, which is 50% of the rent in arrears up to May 2016, and did not implement the remaining agreed terms and conditions and occupied and used the said real estate until the date of closing argument.

[Grounds for Recognition: Evidence No. 1, Evidence No. 2, Evidence No. 3-1, 2, Evidence No. 4, Evidence No. 5, Evidence No. 6, Evidence No. 7, and purport of the whole pleadings]

2. According to the above facts of recognition, the Defendants jointly deliver the real estate listed in the separate sheet to the Plaintiff, and pay KRW 8,814,329, which is equivalent to the remainder of the rent in arrears, from May 2016 to May 1, 2016, based on the ratio of KRW 2.640,000 per month from June 1, 2016 to the completion date of delivery of the said real estate.

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