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(영문) 수원지방법원 2016.04.28 2015가단47200
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) is jointly involved:

A. The real estate stated in attached Table 1 Paragraph 1 to the Plaintiff (Counterclaim Defendant) and to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On April 12, 2014, Plaintiff A leased the real estate listed in paragraph (1) of the attached Table 1 (hereinafter “instant real estate”) to Defendant C as KRW 20,000,000, and the lease term of KRW 24 months from May 30, 2014, and KRW 1,300,000 for monthly rent (payment on the last day of each month).

B. On April 12, 2014, Plaintiff B leased the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant real estate”) to Defendant C as KRW 20,000,000 of the lease deposit, and KRW 24 months from May 30, 2014 from May 30, 2014, and KRW 1,000,000 for monthly rent (payment on the last day of each month).

(A) The lease contract described in the above paragraph (a) and the above Paragraph (b) together with the lease contract described in the above Paragraph (c) (hereinafter “instant lease contract”).

Defendant C received each of the instant real estate from the Plaintiffs around that time, and Defendant C, a fraud of Defendant C, completed the business registration under the name of Defendant C with the trade name “Emart” from each of the instant real estate, and thereafter occupied the said real estate while operating the Emart.

(hereinafter “instant marina”) D.

Since August 2014, Defendant C paid the monthly rent to the Plaintiffs and delayed payment of the monthly rent from September 2014, the Plaintiffs sent a copy of the instant complaint to Defendant C on the ground that the monthly rent was overdue. The Plaintiffs expressed their intent to terminate each of the above lease agreements against Defendant C on the ground that the monthly rent was overdue.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, 2-5, 6-1 through 4, Eul evidence 1, and the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts of the determination as to the cause of the claim, the lease agreement between the plaintiffs and the defendant C was lawfully terminated on October 7, 2015, when the copy of the complaint of this case, which contains the plaintiffs' declaration that the above lease agreement will be terminated on the grounds of the delinquency in rent between the plaintiffs and the defendant C, and the defendant C is obligated to order the plaintiffs to order each of the instant real estate.

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