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(영문) 서울고등법원 2015.04.10 2014나21153
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall appoint the plaintiff (appointed party) and the appointed party, as shown in attached Form 1.

Reasons

Facts of recognition

The Plaintiff (Appointed Party) and Appointeds (hereinafter referred to as “Plaintiffs” in total, shall be referred to as “Appointeds”) shall be in attached Form.

1. [Attachment sheet] among the registered real estate (hereinafter “instant commercial buildings”)

2. [The section for exclusive use and lease for each plaintiff] The section for exclusive use and lease shall be the sectional owners of each store that entered the relevant section for exclusive use (hereinafter “each of the stores in this case”).

The Plaintiffs’ respective stores of this case between the Defendant and the Defendant

2. Each of the lease agreements (hereinafter “each of the instant lease agreements”) was entered into with the same content as the Plaintiff’s section for exclusive use and lease agreement.

According to Article 4 of each of the instant lease agreements, the lessor may terminate the contract where the lessee fails to pay the rent more than three times.

From January 2013, the Defendant did not pay the monthly rent for each of the instant stores.

Accordingly, on July 16, 2013, the Plaintiffs sent to the Defendant a content-certified mail containing an expression of intent that “the termination of each of the instant lease agreements as of July 31, 2013,” and the said content-certified mail reached the Defendant on July 17, 2013.

Attached Form 3 that does not pay by the defendant by July 31, 2013 shall apply to the overdue rent not paid by the defendant.

3. [In arrears and unjust enrichment for each plaintiff] The phrase “annual rent” is as the same.

After the conclusion of each of the instant lease agreements, the Defendant operated a wedding hall with the trade name “Cwevedo” at each of the instant stores. On June 27, 2014, the Plaintiffs delivered each of the instant stores to the Plaintiffs by enforcing provisional execution for delivery of each of the instant stores in accordance with the judgment of the first instance court on June 27, 2014.

[Grounds for recognition] Fact-finding, Gap evidence Nos. 1 through 22 (including each number), and the grounds for the claim of judgment as to the whole purport of each of the instant stores. According to the above facts-finding, each of the instant lease agreements was concluded on July 16, 201, barring special circumstances.

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