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(영문) 대구고등법원 2017.11.09 2016나26465
건물명도및미지급임료등
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1. The judgment of the first instance, including the principal lawsuit and counterclaim claims expanded in the trial at the trial, shall be modified as follows.

(e).

Reasons

1. The following facts are not disputed between the parties, or may be acknowledged by each description of Gap evidence and evidence of Nos. 1, 2, 5, 7, 11, 14 (including branch numbers where no special indication is made; hereinafter the same shall apply) and the whole purport of the pleadings, and there is no counter-proof.

The plaintiff and the designated parties are co-owners holding 1/4 shares of each real estate listed in the attached Table 2 list, and the designated parties D are the plaintiff's wife, and the designated parties E and F are the plaintiff's children.

The Defendants, as married couple, are the tenants who jointly leased the part of the first floor building (hereinafter referred to as the “instant real estate”) among each real estate listed in the separate sheet No. 2 list from the Plaintiff and the designated parties.

B. 1) On December 31, 2010, the Plaintiff and the designated parties concluded a lease agreement, etc. with the Defendants, and the Plaintiff and the designated parties agreed to lease the instant real estate to the Defendants as follows (A evidence 1-1, hereinafter “instant lease agreement”).

A. The Plaintiff, the designated lessor, and the Defendants were to enter into a lease agreement as follows: Article 2 (Term of Lease Agreement)

1. The lease term shall be five years;

From February 1, 2011 to January 31, 2016

2. Where a lessor or lessee has not given written notice of intent concerning the termination or change of the lease contract or the renewal thereof six months prior to the expiration of the lease term, the contract shall be deemed to be extended under the same conditions as this contract;

Article 4 (Lease Deposit)

1. Deposit for lease shall be 10 million won ( 100,000 n.e., n., n.e., n.s.);

The security deposit for lease, such as the amount paid on the date of payment of divided amount, shall be paid in 100,000,000 as the down payment on January 31, 201, and the balance shall be paid in January 31, 201.

Payment method: receipt of the deposit deposit in the bank account in the name of the lessor.

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