(영문) 수원지방법원 2018.06.21 2017가단542464

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(영문) 수원지방법원 2018.06.21 2017가단542464

건물명도(인도)

Text

1. The defendant,

A. The real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiff A and B,

B. Attached list to the Plaintiff C

Reasons

1. Facts of recognition;

(a) Text 1-A

The Plaintiff A and B, the owner of the real estate described in the subsection (hereinafter referred to as “real estate described in paragraphs (1) and (2)”), entered into a lease agreement with the Defendant on each of the above real estate with a deposit of KRW 110 million, monthly rent of KRW 5860,000 (excluding value-added tax), from January 15, 2017 to January 14, 202, and monthly rent of KRW 150,000 (hereinafter referred to as “the first lease agreement”), and delivered the instant real estate to the Defendant.

(b) Disposition No. 1-2

Plaintiff C, the owner of the real estate indicated in paragraph (3) (hereinafter referred to as “real estate indicated in paragraph (3)”), entered into a lease agreement with the Defendant on the said real estate with a deposit of KRW 40 million, monthly rent of KRW 21.4 million, term of lease from January 15, 2017 to January 14, 2022, and the monthly rent from January 15, 2017 to the end of each month (hereinafter “instant second lease agreement”), and delivered the instant real estate to the Defendant.

C. Article 12 of the first and second lease contract of this case provides that “If a lessee fails to pay a rent for at least three months, the lessor may terminate the contract.”

As of October 11, 2017, the Defendant delayed payment of rent for at least ten months for the instant lease contract, and on this ground, the content-certified mail containing the intent of the Plaintiff A and B to terminate the said lease contract was served on the Defendant around October 12, 2017.

E. As of October 11, 2017, the Defendant did not pay the rent for at least eight months with respect to the instant second lease contract.

F. The defendant has been occupying and using the real estate stated in paragraphs 1 through 3 up to now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts as to the request for extradition, the defendant did not delay for more than three months.

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