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(영문) 서울남부지방법원 2015.04.17 2015나50625
건물명도
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 22, 2012, the Defendant leased the instant factory from D to July 9, 2014 by setting the lease deposit amount of KRW 15 million, KRW 1.6 million for monthly rent (payment after the tenth of each month), KRW 400 per the average management fee, KRW 400 for management expenses, and period of lease from July 10, 2012 to July 9, 2014.

(hereinafter “instant lease agreement”). The instant lease agreement provides that the lessor may immediately terminate the contract when the lessee fails to pay rent for at least two consecutive years.

(hereinafter “instant special agreement”). B.

The defendant paid the lease deposit to D in full, and possessed the factory of this case on July 10, 2012 until now.

C. On February 28, 2013, the Plaintiffs decided to succeed to the instant plant rental agreement by purchasing the buildings listed in the separate sheet including the instant factory from D, and the Defendant consented thereto.

On May 30, 2013, the Plaintiffs completed the registration of ownership transfer as to each 1/2 portion of the buildings listed in the separate sheet.

From August 2013 to May 2014, the details of rent and management expenses of the factory of this case, the due date for repayment, and the due date for repayment of the defendant are as listed in the following table:

2. On August 1, 2014 (on August 1, 2013) 1. 2, 20. 4. 1, 20. 1, 20. 4. 2, 20. 1, 20. 1 and 4. 4. 10. 2, 20. 1 and 10. 4. 10. 2, 204 (on September 10, 2013) 1 and 10. 4. 10. 2, 201 and 10. 4. 4. 10. 2, 201 and 10. 4. 2, 201 (on September 10, 2013)

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