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(영문) 인천지방법원 2015.12.23 2015가단228446
건물명도
Text

1. The Plaintiff:

A. Defendant A’s real estate listed in the Appendix No. 2;

B. Defendant B shall be listed in the attached Table 4.

Reasons

1. Facts of recognition;

A. The Plaintiff, a government-invested institution established for the purpose of the construction, improvement, supply, lease, and management of housing, was dissolved by the Korea Land and Housing Corporation as a whole by the Korea Land and Housing Corporation, and comprehensively succeeded to all rights and obligations of the Korea Land and Housing Corporation (hereinafter “each apartment of this case”). As the owner of each apartment of this case, the Plaintiff entered into a lease agreement with the Defendants on each apartment of this case as follows. The Defendants occupied and used each apartment of this case by delivery from the Plaintiff.

buildings listed in the attached Table 2, July 1, 2013 or June 30, 2015, 7,485,000 106,640 B, or 19,426,000 16,640 B, as stated in the attached Table 4, from September 1 to August 31, 2014, or 165,610 C, 15,764,000 from October 1 to September 30, 2016, as listed in the attached Table 9, of buildings listed in the attached Table 4.

B. From January 2015 to May 2015, Defendant A failed to pay rent and management fee of KRW 1,239,990, and Defendant C paid rent and management fee of KRW 818,100 from March 2015 to May 2015.

C. Defendant B did not pay rent and management expenses of KRW 1,276,880 from February 2, 2015 to May 2015, as well as Defendant B did not enter into a renewal contract until now, even though the instant lease contract was terminated as of August 31, 2014 and the renewal contract was concluded until the said date.

Contract concluded between the Plaintiff and the Defendants

5. Under Article 10(1)4 of the General Terms and Conditions of Contracts, “if the rent has been in arrears for at least three consecutive months,” and under Article 10(1)9 of the General Terms and Conditions of Contracts, “if the lessee violates the obligations under the Standard Terms and Conditions of Contracts,” the term “if the lessee violates the obligations

(e) In addition, each lease contract above;

6. Where the contract is renewed in accordance with Article 1 (1) of the Special Conditions for the Contract, the lessee shall be deemed the lessor;

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