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(영문) 수원지방법원안산지원 2017.09.07 2016가합1660
건물명도
Text

1.(a)

The Defendants jointly do so to the Plaintiff (Appointed Party) and the Appointor D on the ground E in Ansan-gu.

Reasons

1. Basic facts

A. Two-story buildings of reinforced concrete sloping roof in Ansan-si, Ansan-si (hereinafter “instant building”) have been jointly owned by the Plaintiff (Appointed Party) and the Appointed Party D respectively from May 29, 2006 to May 29, 2006.

B. On February 22, 2016, the Plaintiff (Appointed Party) and the Appointed Party D entered into a contract with Defendant B to lease the land-story of KRW 399 square meters among the instant building as KRW 4,50,000 and the period of 12 months (hereinafter “instant lease contract”).

C. On March 10, 2016, a written confirmation was prepared in the name of Defendant C stating that “Defendant C is liable for the payment of rent under the instant lease agreement.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 20, the purport of the whole pleadings

2. Determination as to the cause of claim, etc.

A. The Plaintiff (Appointed Party) and the Appointed Party D entered into the instant lease agreement with the Defendants on the land E in Ansan-gu, 805.9 square meters for land E in Ansan-gu and the instant building on the ground of this case, on the 399 square meters of geographical strata among the buildings above.

The Defendants paid KRW 9,743,200 to the Plaintiff (Appointed Party) out of KRW 36,00,000,000 (i.e., KRW 4,500,000) for eight months until October 2016, and thereafter, did not pay a rent thereafter, the Defendants occupied and used KRW 399,00 in the instant building.

The Plaintiff (Appointed Party) and the Appointed D shall terminate the instant lease agreement on the grounds of the delinquency in rent.

The Defendants jointly have a duty to deliver the land size of 805.9 square meters of land E in Ansan-si and 399 square meters of land among the buildings in this case on the above ground to the Plaintiff (Appointed Party) and the Selected D.

In addition, the Defendants jointly and severally paid KRW 29,400,000 (=36,000,000) for the rent of KRW 6,600,00 for the previous payment - KRW 6,600,000 for the Plaintiff (Appointed Party) who was paid KRW 6,600,00 for the rent of KRW 29,40,000 for the rent that was not paid to the Plaintiff (Appointed Party) and the Appointed Party D, and the amount of KRW 29,40,00 for the rent that was not paid to the claim of the claim of KRW 36,00,000 (=6,600.

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