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(영문) 의정부지방법원고양지원 2017.08.10 2017가단76155
건물명도(인도)
Text

1. The Defendants are 149.49 square meters of land floor and 100.14 square meters of one story among the attached buildings attached to the attached Form E of Seoyang-gu, Seoyang-gu, Seoyang-gu, Incheon Metropolitan City.

Reasons

1. Facts of recognition;

A. A. Around March 24, 2010, Defendant B leased each part of the building listed in the separate sheet on the E-Ground, Yongsan-gu, Yongsan-gu, Busan Metropolitan City (hereinafter “instant building”) on the condition that the lease deposit for KRW 20,000,000, monthly rent of KRW 1,000, monthly management expenses (cleaning expenses) and KRW 10,000, monthly management expenses (cleaning expenses) until April 16, 201, and until February 15, 2011, the lease term may be terminated if the lessee fails to pay the monthly rent for the three-month period, and the lessee may restore the leased building to its original state at the expiration of the lease term.

B. After the renewal of the above lease contract, the Plaintiff acquired the ownership of the instant building on June 3, 2015 and succeeded to the status of the lessor of the said lease.

C. On September 8, 2015, Defendant B: (a) separately leased the part of the instant building from the Plaintiff, which was KRW 5,000,000; (b) monthly rent of KRW 330,000; (c) monthly management expenses (cleaning expenses); (d) September 8, 2015; (b) the lease period of KRW 12 months; and (c) the lease period of KRW 12 months; and (d) the lessor’s failure to pay the monthly rent to the lessee at the second time; (b) each additional lease was made so that the lessor may terminate the lease.

D. Since April 16, 2016, the Plaintiff and Defendant B agreed to increase the monthly rent of the first floor of the instant building to KRW 1,100,000.

E. Until September 16, 2016, Defendant B did not pay for at least three months the monthly rent under each of the above lease agreements, and Defendant B notified Defendant B of the Plaintiff’s termination of each of the above lease agreements on the grounds of delinquency in rent, and the said Defendant was declared to the effect that the contract was terminated.

F. The Defendants currently occupy and use the first floor and the second floor of the instant building as a place of business and warehouse.

【Ground of recognition】 The fact that there is no dispute over the grounds for recognition; the entries or images of Gap’s evidence 1 through 11, and 13 (including branch numbers; hereinafter the same shall apply); the purport of the whole pleadings

2. Determination:

A. According to the above facts, each lease contract on the first floor and the second floor of the instant building is concluded.

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