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(영문) 대구지방법원서부지원 2015.05.28 2014가합2533
건물인도 등
Text

1. The Defendants are to the Plaintiff:

(a) Of the buildings listed in the separate sheet, each point of the attached sheet 2 to 15, and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is composed of representatives of each Dong's apartment building A (hereinafter "the apartment of this case"). The Defendants are those who lease part 717.68 square meters in the ship (hereinafter "the building of this case") connected each point of the attached Form 2 through 15 and 2 among the buildings listed in the attached Table in the apartment complex of this case, which are common areas of the owners of the instant apartment of this case, or operate the skin center (hereinafter "the center of this case") at the same time.

B. On February 21, 2005, Defendant C leased the instant building from the Plaintiff at KRW 3 years of lease term, KRW 20,000,000 per month of lease deposit, and KRW 2,00,000 per month of rent. On February 21, 2008, Defendant C increased the rent at KRW 2,10,000 by the end of February 20, and operated the instant center at a certain point.

C. After that, on March 1, 2010, the Plaintiff received a letter from Defendant C that the lessee would be jointly liable for management expenses and monthly rent when concluding a new lease agreement under which the lessee was changed from Defendant C to Defendant B, and the lease period from March 1, 201 to February 28, 201 (hereinafter “instant lease agreement”).

Since March 1, 2011, the instant lease agreement changed to KRW 2,200,00 by February 28, 2014, and Defendant C operated the instant center in the instant building until now.

On December 20, 2013 and February 14, 2014, the Plaintiff notified Defendant B of the termination of the lease agreement due to the expiration of the lease term, and demanded Defendant B to restore the lease to its original state by February 28, 2014. On February 18, 2014, the Plaintiff demanded Defendant B to pay the overdue management fee and monthly rent.

However, the Defendants: (a) total sum of management expenses and late payment fees for the portion of January and February 2014 and KRW 2,345,850 on November 1, 2013 to the Plaintiff.

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