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(영문) 의정부지방법원 고양지원 2021.01.28 2020가단88677
건물인도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet to the Plaintiff on February 1, 200. Defendant D 3,800.

Reasons

1. Basic facts

A. On October 23, 2015, the Plaintiff leased to Defendant D real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant real estate”) from November 15, 2017; from November 15, 2017, KRW 10 million; KRW 2.3 million monthly rent; and Defendant D’s delayed payment on at least two occasions, the Plaintiff may terminate the instant lease agreement (hereinafter “instant lease agreement”); thereafter, the instant real estate was delivered to Defendant D; Defendant D occupied the said real estate from that time.

B. From August 2018 to December 15, 2019, Defendant D did not withhold the monthly rent of KRW 13.8 million (=2.3 million x 6 months).

(c)

Accordingly, the Plaintiff informed Defendant D of the termination of the instant lease agreement on several occasions on November 2019, and sent a text message to the effect that Defendant D’s lease deposit was appropriated for unpaid monthly rent and that the entire amount was extinguished. On November 29, 2019, the Plaintiff sent a text message to request the disposal of the instant real estate until December 15, 2019.

Ultimately, the instant lease agreement was terminated on December 15, 2019 due to Defendant D’s delinquency in rent.

(d)

Despite the Plaintiff’s notice of termination, Defendant D did not pay the unpaid rent at the time of the closure of the argument in this case.

E. There is no contractual relationship between the Plaintiff and Defendant E (hereinafter “Defendant E”), and there is no fact that the Plaintiff consented to and consented to the sublease of the instant real estate to Defendant D.

Nevertheless, Defendant E has a domicile in the instant real estate and has occupied and used the said real estate.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 12 (including the number with a number) and the purport of the whole pleadings

2. Determination on the claim

A. According to the above facts of recognition as to the request for extradition, Defendant D shall be subject to the instant case.

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