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(영문) 서울남부지방법원 2014.11.14 2014가단222422
건물명도
Text

1. The Defendants shall deliver real estate from KRW 17,934,766 to KRW 17,936 from October 4, 2014 as indicated in the separate sheet.

Reasons

1. Basic facts

A. On August 29, 2013, the Defendants indicated that real estate listed in the separate sheet (hereinafter “instant real estate”) in which the Plaintiffs owned each 1/2 equity interest as indicated in the Plaintiffs’ respective 1/2 equity interest is indicated as KRW 35 million, KRW 150,000 per month, KRW 1150,000 per month, and KRW 24 months from October 3, 2013 to October 3, 2015 (the written contract refers to “from October 3, 2013 to October 3, 2014,” but “ October 3, 2014” appears to be “the written contract” as “the clerical error of October 3, 2015.”

hereinafter referred to as "the instant lease agreement"

(2) At the time, the Plaintiffs and the Defendants agreed that a lessor may terminate the lease agreement if the lessee fails to pay rent more than twice. B. The Defendants paid the Plaintiffs the lease deposit of KRW 35 million to the Plaintiffs, and have been delivered the instant real estate from the Plaintiffs on October 3, 2013 and have continued to reside until now. (c) The Defendants did not fully pay the Plaintiffs the rent of KRW 1.1 million on December 3, 2013 and January 3, 2014, with the exception of the monthly rent, and did not pay the management fees, etc. for the instant real estate. On June 20, 2014, the Plaintiffs sent to the Defendants a certificate of the purport that the lease agreement would be terminated, and on August 30, 2014, the Defendants returned the lease deposit of KRW 35 million among the lease deposit to Defendant C, and notified the Defendants of the intent to cancel the lease agreement of the instant case of KRW 1,500,000 to Defendant 1, 2014.

2. Judgment on the plaintiff's claim

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement is based on the Defendants’ delinquency in rent not less than twice.

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