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(영문) 의정부지방법원고양지원 2017.11.09 2016가단21387
건물명도 등
Text

1. Defendant B:

A. Of 337.5 square meters, a stable of the luxa luxal roof, Goyang-gu, Goyangyang-gu D ground luxa luxa.

Reasons

1. Claim against the defendant B

A. On July 19, 2015, the Plaintiff: (a) leased KRW 106,00,000,000,000 for lease deposit money; (b) Defendant B did not pay the difference between KRW 300,000 and January 1, 2016; (c) accordingly, Defendant B terminated the lease agreement with the said Defendant; and accordingly, Defendant B transferred the said real estate to the Plaintiff; and (d) was obligated to pay the overdue rent KRW 39,000,000,000 from August 15, 2016 to August 4, 200, calculated at the rate of KRW 400,000,000,000 for lease deposit money; and (d) accordingly, Defendant B is obligated to deliver the said real estate to the Plaintiff; and (e) pay the overdue rent KRW 39,000,000,000 from August 15, 2016 to delivery of the said real estate.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.

2. Claim against Defendant C

A. On November 25, 2015, the Plaintiff, as the lessee of the instant building, concluded a sub-lease contract with Defendant C, setting forth the amount of KRW 400,000 per month for the rent as indicated in the annexed drawing(b) section 82 square meters (hereinafter “the instant object”) of the instant building without deposit, as the lessee of the instant building.

Defendant C did not pay the rent from January 25, 2016 to Defendant C by August 30, 2016, and the Plaintiff did not pay the rent in arrears to Defendant C around August 23, 2016.

9. 1. The Defendant sent content-certified mail to the effect that the instant object should be handed over.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence No. 5, the purport of the entire pleadings, and the fact of the above recognition as to the ground for the claim, the sub-lease contract between the plaintiff and defendant C on the subject matter of this case is legally terminated by the plaintiff's declaration of termination made on August 23, 2016, or the sub-lease contract was terminated by the plaintiff's declaration of termination made on August 23, 2016, or is terminated at the latest, and is legally terminated on September 21, 2016.

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