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Reasons
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(영문) 수원지방법원 2017.08.25 2016가단42660
건물명도 등
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1. The defendant,

A. The amount of KRW 3,199,000 and each of the above amounts to Plaintiff A and B shall be from August 26, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Plaintiff A and B are co-owners of the building of this case (each 1/2 shares owned), and Plaintiff C and D are co-owners of the building of this case (each 1/2 shares owned), and Plaintiff E are the owners of the building of this case 3.

B. (1) On April 16, 2015, Plaintiff A and B entered into a lease contract with the Defendant and the instant 1 (hereinafter “instant lease contract”) with a fixed term of two years for a deposit of KRW 40,000,000, monthly rent of KRW 2,800,000 (value-added tax separate), and for a term of two years for the lease of the instant 1 building.

(2) On April 15, 2015, Plaintiff C and D concluded a lease agreement (hereinafter “second lease agreement”) with the Defendant setting the deposit amount of KRW 50,000,000, monthly rent of KRW 3,100,000 (value-added tax separate) and the lease period of KRW 2 years.

3) On April 16, 2015, Plaintiff E set a lease contract with the Defendant for a period of two years, setting a deposit of KRW 10,000,000, monthly rent of KRW 1,200,000 (value-added tax separate), and a lease contract for the instant building of this case (hereinafter “third lease contract”) (hereinafter “third lease contract”).

(C) The Defendant: (a) delivered the instant building Nos. 1, 2, and 3 from the Plaintiffs, and operated the restaurant in the name of “G”; (b) from January 16, 2016, the Defendant delayed to pay for the instant building Nos. 1 and 3; and (c) on August 30, 2016, Plaintiff A, B, and E sent each proof to the Defendant that the instant lease contract will be terminated due to the delayed payment of rent.

2. From January 15, 2016, the Defendant delayed payment of the rent for the instant Claim 2 from around January 15, 2016, and on August 18, 2016, the Plaintiff C and D sent to the Defendant a certificate proving that the instant lease contract is terminated due to the delinquency in rent.

E. Even after the Defendant continued to operate a restaurant in the instant building 1, 2, and 3, the Defendant delivered each of the above buildings to the Plaintiffs on April 19, 2017.

F. During the operation of the above restaurant, the defendant is a large cooling house owned by the defendant outside the passage near the entrances of the building of this case and the window.

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