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(영문) 대구지방법원 2017.02.03 2016가단24434
건물명도
Text

1. The Defendants are to the Plaintiff.

(a) deliver the second floor of 5.79 square meters among the buildings listed in the attached list;

(b) Joint and several.

Reasons

1. Determination on the cause of the claim

A. On February 16, 2013, the Plaintiff and Defendant B concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant B to lease the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 1,000,000 per month, and the lease term of KRW 300,00 per month from February 16, 2013 to February 16, 2015. The Defendant B paid the lease deposit to the Plaintiff and occupied and used the instant real estate with the Defendant C, who was delivered the said real estate around that time, and the said lease agreement was explicitly renewed on February 16, 2015. However, Defendant B did not request the Plaintiff to pay KRW 10,000 per annum from September 16, 2015 to June 16, 2016, and each of the instant real estate in arrears to the Plaintiff on June 16, 2016.

B. According to the facts of the above recognition, the instant lease agreement was terminated on June 13, 2013 by the Plaintiff’s declaration of termination on the ground of the failure to pay rent for at least two years in arrears, and thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

Defendant B transferred the instant real estate on July 1, 2016.

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