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(영문) 울산지방법원 2017.10.25 2016가단67907
건물명도
Text

1. The Plaintiff:

A. Defendant A delivers (1) real estate listed in the [Attachment 1] list to the real estate, and (2) (A) 1,013.

Reasons

1. Claim against Defendant A, B, C, D, and E

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition (1) Defendant A, E- Each confession (Article 150(3)(2) of the Civil Procedure Act), Defendant B, C, and D- Each service by publication (Article 208(3)3 of the Civil Procedure Act).

2. The obligation to pay the rent that the claimant against the defendant F is obliged to pay to the lessor for the use and profit-making of the leased object, and if the lessee agrees to pay the rent monthly, the lessee is obligated to pay it in good faith every month. If the lessee violates such agreement, the lessor may terminate the lease contract on such ground.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 7, Defendant F entered into a lease agreement with the Plaintiff as follows; Article 9 subparag. 3 of the lease agreement provides for the termination of the lessor’s contract; the Defendant delayed payment of rent of KRW 419,410 as of September 30, 2016; and the rent accrued after October 1, 2016 is also acknowledged.

On the other hand, on the other hand, Defendant F paid the sum of KRW 749,407 out of the rents in arrears over five times from June 30, 2017 to October 20, 2017, and Defendant F is going to attend this court and pay the rent in good faith including the rent in arrears.

In addition to these circumstances, ① the Plaintiff’s purpose of the instant rental business, ② the age and occupation (GG) of Defendant F (out of any special occupation) as revealed in the attached cause of the claim, ③ the leased object appears to have no other place to be where the leased object is removed from the leased object, and ④ the purport that the Constitution guarantees our people (in particular, people without a livelihood due to old age, etc.) basic residential rights and declares that they should be protected by the State.

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