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(영문) 서울동부지방법원 2014.01.29 2012가단69327
건물명도 등
Text

1. For the Plaintiff (Appointed Party) and the Appointed D:

A. The Defendants deliver the buildings listed in the separate sheet;

(b) the defendant.

Reasons

1. Facts of recognition;

A. On May 20, 201, the Plaintiff (Appointed Party, the following Party, and the Appointed D (hereinafter “Plaintiff”) together with the Appointed (hereinafter “Plaintiff, etc.”) are equity right holders of each 1/2 of the buildings listed in the separate sheet (hereinafter “instant building”). The Plaintiff, etc., on May 20, 201, leased the instant building to Defendant B for the period of KRW 15,000,000, monthly rent of KRW 1,300,000, and from June 1, 201 to May 31, 2016, the Defendants operated a restaurant with the trade name “E” from the instant building.

C. At the time of the instant lease agreement, Defendant B paid KRW 5,00,000 to the Plaintiff as the key money for facilities, and Defendant C agreed to pay KRW 20,000,000 to the Plaintiff as the key money for facilities.

Defendant C accepted swinf from Plaintiff A such as swine, and the price is KRW 4,868,604.

Meanwhile, at the time of the instant lease agreement, the Defendants are not more than the first basement of the instant building on the land.

Around May 2011, the Defendants knew that the leakage phenomenon of the underground floor was so severe that it is difficult to use it even if it is repaired in a large scale. E. Defendant B paid only monthly rent until February 29, 2012, and subsequently suspended payment. On December 11, 2012, the Plaintiff et al. expressed the intent to terminate the instant lease contract by serving a copy of the complaint of this case (service on December 24, 2012) / [based on the recognition] - without any dispute, - evidence Nos. 1 through 7, A, 1, 4, 5, 6, 9, 14 (including each number of witnesses, testimony of each witness, testimony of each witness, and the purport of the entire pleadings.

2. Determination as to the request for delivery of buildings, unpaid rents, etc.

A. The plaintiff alleged by the parties is the defendant B-A.

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