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(영문) 서울동부지방법원 2015.12.08 2015가단113188
건물명도
Text

1. The Defendants deliver each building listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The following facts as to the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 7.

On June 27, 2011, the Plaintiff leased each building listed in the separate sheet (hereinafter “instant building”) to Defendant B as KRW 10,000,000 for each lease term of five years from June 27, 201, and monthly rent of KRW 541,00.

B. Defendant B operated a wedding hall jointly with Defendant C and D in the instant building.

C. From November 2014, Defendant B did not pay the rent to the present time.

Article 28 (2) and (3) of each lease contract of this case provides that if the contract is terminated due to a cause attributable to the lessee, the penalty for breach of contract (the amount equivalent to 10/100 of the lease deposit) shall be paid.

E. On May 26, 2015, a copy of the instant complaint seeking the termination of each of the instant lease agreements on the grounds of Defendant B’s nonperformance was served on Defendant B.

According to the above facts, since the lease of this case was terminated due to Defendant B’s default, Defendant B must deliver the above building, and the remaining Defendants must deliver the building to the Plaintiff unless they asserted and prove the right to possess.

2. The Defendants’ defense defense defenses that the Defendants would deliver the instant building at the same time with the return of the remaining lease deposit. Accordingly, according to the evidence No. 6 (Judgment), Defendant B’s obligation related to the instant lease is calculated at the rate of KRW 13,165,050 per annum from July 22, 2015 to the date of full payment, calculated at the rate of KRW 20 per annum from July 23, 2015, and the amount calculated at the rate of KRW 1,190,200 per month from July 23, 2015 to the date of delivery of the instant building.

If this is calculated as of November 17, 2015, which is the date of closing the argument, the money of the above ① is 13,165.

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