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(영문) 대구지방법원 2015.10.06 2014가합10162
건물명도등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff leased the 2nd and 3nd floor of the F building in Busan Metropolitan City from E (hereinafter “E”) to January 15, 2017 during the lease period (hereinafter “instant lease”), and G from the Plaintiff, the 2nd floor of the F building, including real estate (which is part of the sectional ownership of the F building’s 2nd floor; hereinafter “instant real estate”) as indicated in attached Table 1-27, was determined and transferred from February 14, 2012 to February 13, 2017 during the lease period.

B. E, a lessor, was a corporation established for the management of the F Building Building, including the instant real estate, and entered into the instant lease contract with the delegation from the sectional owners. Since January 2014, E decided to dissolve the legal entity, notified the lessee, etc. to enter into a future lease contract with the individual owner and agreed with the Plaintiff on January 14, 2014.

C. G entered into a lease agreement directly with the sectional owners of the second floor of the F building upon E’s notification from January 23, 2014 to February 22, 2014, which excludes the instant real estate and F building 204, among the sectionally owned buildings of the second floor of the F building from January 23, 2014.

G was deposited into the lessor’s rent account, E, and was not paid since December 2013.

On February 25, 2014, the Plaintiff sent a peremptory notice to G to February 25, 2013, 2013 through February 2014, demanding payment of the monthly rent of three months from the date of receipt of the peremptory notice. The said peremptory notice reached G on February 27, 2014.

E. Notwithstanding the foregoing peremptory notice, the Plaintiff, who did not pay G as a tea, sent to G a notice of termination of the instant sub-lease on March 4, 2014 on the grounds of unpaid rent, and the said notice reached G on March 5, 2014.

F. The plaintiff thereafter.

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