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(영문) 서울서부지방법원 2016.06.14 2015가단13013
건물명도
Text

1. The defendant shall receive 71,015,000 won jointly and severally from the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. On November 1, 1998, the Defendant entered into a lease agreement with C as to the buildings listed in [Attachment 1, 300,000,000, monthly rent of KRW 600,000, and the contract period of the lease contract (hereinafter “instant lease agreement”). On November 15, 1998, the Defendant entered into a lease agreement with C as to the buildings listed in [Attachment 2, 300,000,000, monthly rent of KRW 100,000, monthly rent of KRW 100,000, contract period of November 15, 1998 to November 15, 1999.

(hereinafter “instant housing lease agreement”). B.

C died on October 2, 200, and D succeeded to the instant building by agreement and division.

C. On November 15, 200, the Defendant and D revised the terms of the instant housing lease agreement to increase the lease deposit to KRW 16,900,000 with respect to the real estate listed in [Attachment List 2 and 4] and not pay rent.

Each of the instant lease agreements was implicitly renewed between the Defendant and D, and D died on December 30, 2013, and D, as its children, the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) inherited the Deceased.

E. On August 7, 2014, the Plaintiff et al. terminated each of the instant lease agreements to the Defendant. As such, the Plaintiff et al. notified the Defendant that the instant building should be ordered by November 15 of the same year, and the said notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 11, 12, Eul evidence Nos. 2 (including "second floor" in the evidence No. 1 of A, "one million won in monthly length" was amended to "one million won in monthly length", and "2. the above monthly rent is 1.6 million won in total including house repairs from November 15, 2000" was added to the special agreement. Considering the overall purport of the pleadings, the whole document authenticity including the above added and modified parts is recognized), 6 (the same as evidence No. 6 of the document), 11 evidence No. 11 (including any number if any; hereinafter the same shall apply).

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