logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.11.20 2015가합549
건물명도 등
Text

1. The Defendants are, from the Plaintiff’s KRW 71 million to the Plaintiff, the real estate indicated in the separate sheet from October 1, 2015.

Reasons

1. Basic facts

A. A. Around March 2011, D, E, and Defendant B entered into a partnership agreement with the Plaintiff on the business of the instant real estate (hereinafter “instant partnership agreement”) with the content that (i) leased the instant real estate from the Plaintiff, and (ii) shared the lease deposit; and (iii) D, E, and Defendant B entered into a partnership agreement with the effect that the instant real estate will pay dividends according to the respective shares of D, E, and Defendant B, on the fifth day of the following month while operating a restaurant on the instant real estate.

B. The Plaintiff and Defendants D, who concluded a lease agreement with the Defendants, concluded the instant lease agreement in the name of Defendant C.

On April 8, 2011, the Plaintiff and E entered into a lease agreement (hereinafter “instant lease agreement”) with the terms including KRW 200 million, KRW 13.2 million, monthly rent (including additional tax, and payment on the last day of each month), and period of lease from May 1, 201 to April 30, 2016. In the instant lease agreement, the lessor stated that the lessor may immediately terminate the instant lease agreement if the lessee fails to pay rent more than three times continuously.

C. The Defendants and E paid KRW 200 million to the Plaintiff on April 28, 201, including D’s restaurant operation, and D is operating “F” on the first floor of the instant real estate from April 28, 201 to April 28, 201, and “G” on the second floor of the building.

On the other hand, E withdrawn from the instant trade agreement around May 201.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 2, and 4, the purport of all pleadings

2. The Plaintiff’s assertion that the Defendants continued to pay the rent more than three times and terminated the instant lease agreement by serving a copy of the instant complaint. Therefore, the Defendants are jointly and severally obligated to deliver the instant real estate, and the Defendants are jointly and severally obligated to deliver the instant real estate, and ② the amount stated in paragraph (2) from February 1, 2015 to January 31, 2015, and ③ the amount stated in paragraph (2) from February 1, 2015 to February 1, 2015.

arrow