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(영문) 대전지방법원서산지원 2015.09.22 2015가단52284
건물명도
Text

1. The defendant against the plaintiff A and the plaintiff B:

(a) deliver the real estate listed in the separate sheet;

(b) the annexed list;

Reasons

1. Basic facts

A. The Plaintiff A and the Plaintiff B (hereinafter “Plaintiffs”) are the owners of the real estate listed in the separate sheet (hereinafter “instant commercial building”).

The Plaintiffs entered into a lease agreement with the Defendant on the instant commercial building (hereinafter referred to as “instant lease agreement”) on three occasions as follows.

1) The first lease contract: A second lease contract on February 2, 2009, deposit of KRW 30,000,000, rent of KRW 1,500,000 (prepaid on March 2, 2009), the term of lease from March 2, 2009 to March 1, 2011, and the special contract: A contract shall be concluded on March 2, 2010 by raising the deposit of KRW 40,000,000 on March 2, 201: A contract date on June 3, 2011, on condition that the total deposit of KRW 70,000,000 or KRW 1,500,000: A lease contract will be renewed on the condition that the lease period of KRW 2,200,000 (monthly on March 30, 201), and on the condition that the lease period of lease will be renewed from March 36, 2013.

B. The Defendant paid KRW 30,000,000 to the Plaintiffs according to the first lease agreement, and thereafter deposited KRW 5,000,000 as additional deposit, and KRW 5,000,00 as of June 17, 2010.

C. The Defendant deposited the Plaintiffs totaling KRW 14,50,00 in the annual rent in 201, KRW 8,400,000 in the annual rent in 201, KRW 6,600,000 in the annual rent in May 2013, and KRW 26,20,000 in the annual rent from June 201 to December 31, 2014.

On May 1, 2015, the Defendant borrowed the said money from Plaintiff C to KRW 8,00,000 with the monthly tax unpaid from January 1, 2015 to April 1 of the same year.

E. The Defendant did not pay the Plaintiffs the rent after May 2015.

F. On May 13, 2015, the Plaintiffs notified the Defendant of the termination of the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was lawfully terminated on the grounds of the defendant's non-performance of obligation to pay rent, the defendant is entitled to the plaintiffs of this case.

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