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(영문) 수원지방법원안산지원 2016.11.09 2016가단3621
건물명도 등
Text

1. The Plaintiff:

(a) Defendant C and D respectively specify the real estate listed in the separate sheet;

B. Defendant C shall be KRW 19,090,000, and

Reasons

Facts of recognition

On August 23, 2012, the Plaintiff is an owner and lessor who completed the registration of ownership transfer concerning the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant C was a person who actually leased and resided in the instant real estate from the Plaintiff, and is Defendant D’s wife and Defendant B’s partner.

On January 14, 2014, the Plaintiff entered into a lease contract between Defendant C and Defendant C, which used Defendant B’s name, with a deposit of KRW 25,000,000, monthly rent of KRW 1,050,000 (after February 17, 2014), and a lease contract between February 17, 2014 and February 17, 2016 (hereinafter “instant lease contract”) and delivered the instant real estate to the said Defendant.

In order for Defendant C to not pay rent from January 2015, the Plaintiff notified the intent to terminate the instant lease agreement by means of content-certified mail on October 19, 2015 and sent it to the above Defendant on or around the 23th day of the same month.

On November 11, 2015, the Plaintiff requested the real estate brokerage office to lease the instant real estate, and notified the Defendant C of this fact, and the said Defendant asked the Defendant to prepare for it in accordance with the expiration date.

On January 8, 2016, the Plaintiff concluded a lease contract between E and E with a deposit of KRW 30,00,000, monthly rent of KRW 1,000,000, and the lease period of KRW 1,00,000, and between February 18, 2016 and February 18, 2016, and made it reasonable for the Plaintiff to give notice to Defendant C to the effect that it would not interfere with the tenant’s occupancy, and then make it possible for the Plaintiff to make a director as scheduled.

Around February 4, 2016, Defendant C asked the Plaintiff to recover KRW 1,500,000, out of the deposit, and the Plaintiff accepted it in advance. At that time, Defendant C paid KRW 1,500,000 directly to the lessor.

On February 17, 2016, the plaintiff supported the director's expenses and the storage expenses for moving-in, and, if there is no place to move, the payment of accommodation expenses will also be considered, and it is waiting for contact at the real estate brokerage office.

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