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Reasons
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(영문) 수원지방법원성남지원 2014.09.30 2013가단44194
건물인도
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1.(a)

The Defendants jointly and severally against the Plaintiff A, and among the real estate listed in the separate sheet Nos. 1, 2, 7, 8, 8.

Reasons

1. Basic facts

A. The building located in Gwangju City is owned by Plaintiff A, and the store of this case is located in the building above.

B. On November 10, 2012, Plaintiff B, the father of Plaintiff A, leased the instant store to Defendant C (hereinafter “instant lease”), and Defendant C, as of November 10, 2012, occupied the instant store as of the date of the closing of argument with Defendant D, who was in turn start from November 10, 2012.

C. With respect to the instant lease, Defendant C paid KRW 600,000 to the Plaintiff from January 11, 2013 to February 10, 2013 (monthly rent), KRW 1 million from February 11, 2013 to March 10, 2013 ( KRW 400,000 per month interest rate of KRW 600,00) and KRW 1 million from March 11, 2013 to April 10, 2013 ( KRW 400,00 per month interest rate of KRW 601,40,000 from April 11, 2013 to KRW 301,50,000 from May 10, 2013 to KRW 301,50,000 from KRW 300,000 to KRW 1.3601,50,000 per month).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. On November 10, 2012, Plaintiff B leased the instant store to Defendant C with a lease deposit of KRW 20 million (payment date January 31, 2013), monthly rent of KRW 600,000 (the amount shall be reduced from KRW 800,000 at the beginning of the month to KRW 600,000).

However, as Defendant C failed to perform its duty to pay the lease deposit by January 31, 2013, Defendant C paid to Plaintiff B an additional amount of KRW 400,000,000 by the rate of 2% per month for the above lease deposit amount.

On the other hand, in order for Defendant C to supply the electricity of the instant store to the next tenant of the instant store, Plaintiff B, from April 10, 2013, deducted Plaintiff C from the amount to be paid by Defendant C, KRW 100,000 per month.

However, Defendant C failed to pay the above lease deposit and monthly rent.

Accordingly, this case.

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