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(영문) 수원지방법원 2015.12.03 2015가단23853
건물명도 등
Text

1. The Plaintiff:

A. The Defendants shall indicate drawings (1), (2), (3), (4), (5), (6), and (1) of the buildings listed in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. 1) On August 16, 2012, the Plaintiff’s building indicated in Section 1. A (hereinafter “instant building”) owned by the Plaintiff to Defendant B on August 16, 2012

(1) The term “the lease of this case” means the lease of KRW 60,000,000, and the term of lease of KRW 4,700,000 as of August 31, 2014, and the monthly rent of KRW 4,70,00 as of the end of each month (hereinafter “the lease of this case”).

(2) Defendant B started operating a mobile phone sales store in the instant building with Defendant C after the conclusion of the instant lease agreement, and has been operated until now.

3) Upon the expiration of the instant lease term, the Plaintiff and Defendant B extended the lease term on August 31, 2014 to August 31, 2015, and increased the monthly rent to KRW 5,000,000 (value-added tax separate) and agreed to maintain other conditions as they are. 4) As Defendant B began to delay the monthly rent from September 2014, the Plaintiff requested payment of monthly rent, but the said Defendant failed to pay monthly rent.

On May 8, 2015, the Plaintiff submitted to this court a complaint indicating the intent to terminate the lease of this case on the ground of Defendant B’s 8-minutey delay, and the above warden was served on the above Defendant on May 20, 2015.

5 Defendant B paid KRW 22,00,000 to the Plaintiff out of the monthly rent in arrears on October 6, 2015

(c) [Grounds for recognition] without dispute, entry of Gap 1-5 evidence, the purport of the whole pleadings;

B. On the ground that the lease of this case against Defendant B was lawfully terminated, the Plaintiff sought delivery of the building of this case on the ground that Defendant C was excluded from interference based on ownership.

According to the above facts, the lease of this case was lawfully terminated by the complaint of this case, which expressed the plaintiff's intention to terminate the lease of this case, to the defendant B, and the defendant C, as a tenant, has the duty to deliver the building of this case to the plaintiff as an illegal possessor, and the defendant B, as the tenant.

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