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(영문) 서울남부지방법원 2015.12.10 2014가단241157
건물명도
Text

1. The Plaintiff:

A. Defendant A, B, C, D, E, and F are jointly prepared among the buildings listed in paragraph 1 of the attached Table.

Reasons

1. Facts of recognition;

A. On April 1, 2010, the Plaintiff, among the buildings listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 owned by J and the Plaintiff, entered into a lease agreement stating that the lessor may immediately terminate the said agreement, on the part of 31.80 square meters in the ship connected in sequence 1, 2, 3, 4, 5, 6, 7, 8, and 1, among the buildings listed in the attached Table No. 1 of the attached Table No. 1 owned by the Plaintiff, which are the lessor, (hereinafter “the part of the building No. 1 of this case”).

B. On December 21, 2012, the J jointly inherited the property of Defendant A, B, C, D, E, and F due to the death of Defendant B, D, D, E, and F. On October 31, 2014, the GJ’s overdue rent is KRW 3,749,980.

C. On May 1, 2010, the Plaintiff entered into a lease agreement with K and the lessor, setting a deposit amount of KRW 1,94,00,00 for the portion on board 41.36 square meters in order to connect each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in paragraph (3) of the attached Table No. 3 of the attached Table owned by the Plaintiff (hereinafter “the part on the instant building”) as KRW 37,370 for the period, up to April 30, 2012.

K died on February 8, 2008, and on the death of Defendant G, H, and I shared inheritance of the deceased K's property.

[Reasons for Recognition] Defendant A: The absence of dispute, Gap evidence 1-1, Eul evidence 2-1, Eul evidence 4-1, defendant B, C, D, E, and F, the overall purport of the pleadings, defendant G, H, and I: The defendant G, Eul's evidence 1-3, Gap evidence 2-3, Gap evidence 4-3, and the purport of the whole pleadings.

2. According to the facts found in the determination as to the cause of the claim, the lease agreement on the part of the building No. 1 in this case was terminated by the termination of the debtor J’s nonperformance of obligation, and the lease agreement on the part of the building No. 2 in this case was terminated by the expiration of the lease agreement on the part of the building No. 2 in this case, and thus, the plaintiff, who is the heir of the lessee J, delivers the part of the building No. 1 in this case jointly, and is equivalent to the overdue rent and rent by October 31, 2014.

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