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(영문) 서울북부지방법원 2017.08.24 2017가합23046
건물명도 등
Text

1. The Defendants, from 98,200,000 won to 98,200,000, transferred real estate listed in the separate sheet from June 10, 2016 to the Plaintiff.

Reasons

On May 25, 2014, the Plaintiff, the owner of the real estate indicated in the separate sheet (hereinafter “instant building”) and the conclusion of the lease agreement on the real estate indicated in the separate sheet and the transfer of the said real estate (hereinafter “instant building”), signed an agreement with the Defendants, who are female women, to lease the instant building (hereinafter “instant lease agreement”) with the following terms, and accordingly, delivered the instant building on June 10, 2014.

If the deferred amount of rent of a lessee from June 10, 201 to June 9, 2016 falls short of the two-term rent of KRW 3,000,000 (excluding value-added tax) monthly rent of KRW 100,000,000 (value-added tax), the lessor may terminate this contract immediately.

(hereinafter “instant special agreement”). The Plaintiff’s change of the name of the business operator against Defendant C was a person who had filed a business report under Article 3(1) of the Public Health Control Act, including the period from July 31, 2013 to June 12, 2014, prior to the instant lease agreement, from April 1, 2004 to June 12, 2014.

However, on June 13, 2014, immediately after the conclusion of the instant lease agreement, the Plaintiff changed the name of the business operator to Defendant C, and accordingly, Defendant C is in the position of reporting the accommodation business conducted in the instant building, such as the details of the business report (hereinafter “instant business report”).

On March 2016, the Defendant notified the Defendants of the termination of the instant lease agreement, and notified the Defendants of the termination of the instant lease agreement on the following grounds: (a) the term of the instant lease agreement expires; and (b) the termination of the instant lease agreement on the grounds of rent delay.

As of June 9, 2016, the amount equivalent to the unpaid rent and value-added tax of the Defendants has reached KRW 18,800,000, the expiration date of the lease term, the Plaintiff shall be liable to the Defendants on June 21, 2016.

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