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(영문) 서울북부지방법원 2017.06.22 2016가단32756
건물명도 등
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. On March 10, 2005, Defendant D entered into a lease agreement between the Plaintiff and the Plaintiff to lease the real estate listed in the separate sheet (hereinafter “instant apartment”) with the lease deposit of KRW 10 million, monthly rent of KRW 800,000,000, and the lease term of KRW 24 months from March 29, 2005 (hereinafter “instant lease agreement”). The Plaintiff agreed that the lease agreement may be terminated immediately if Defendant D was in arrears on more than two occasions.

However, at the time, Defendant D had the name of the tenant as Defendant B.

B. Defendant D received the instant apartment from the Plaintiff on March 29, 2005 pursuant to the instant lease agreement, and began to reside in the said apartment complex with Defendant C and Defendant B, the husband, and thereafter, the said lease agreement continued to be explicitly renewed without increasing the monthly rent of KRW 1 million.

C. From December 22, 2015, the Plaintiff requested Defendant D to pay the monthly rent of up to KRW 46 million. On December 22, 2015, Defendant D confirmed that “the total amount of KRW 46 million for the unpaid monthly rent shall be paid in full by January 30, 2016. The Plaintiff was issued a “certificate of confirmation” stated as “Lessee D.”

Nevertheless, as Defendant D did not pay the unpaid rent properly, the Plaintiff again requested Defendant D to pay the remainder of the monthly rent from February 17, 2016, with D’s “1 million won per month,” and from March 29, 2005, the principal had resided in the apartment as above, and had been in arrears after he had paid the monthly rent from February 2012 due to his own circumstances until February 3, 2012. However, on March 31, 2016, the Plaintiff promised to pay the remainder on April 30, 2000, 2000,000 won, and June 10, 201.”

E. However, until May 2016, Defendant D paid only KRW 15.6 million out of the unpaid rent of KRW 46 million to the Plaintiff, and the Plaintiff on May 20, 2016.

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