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(영문) 대전지방법원 2015.03.26 2014가단9271
건물명도 등
Text

1. Defendant (Appointed Party) B and Defendant (Appointed Party) C jointly and severally with Plaintiff (Appointed Party) A, Plaintiff (Appointed Party) D, and Defendant D.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:

On September 5, 2013, the Plaintiff (Appointed Party) and the Plaintiff (Appointed Party) D, and E (hereinafter “Plaintiffs”) leased real estate listed in the separate sheet to the Defendant (Appointed Party B) and the Defendant (Appointed Party C) (hereinafter “Defendants”) with a lease deposit of KRW 30 million, monthly rent of KRW 2.6 million (excluding value-added tax), and from September 5, 2013 to September 4, 2015.

B. In the above lease agreement, the monthly rent was determined to increase the monthly rent of KRW 2.3 million from September 5, 2013, and from September 5, 2014, the monthly rent of KRW 2.6 million from September 5, 2014. In the event that monthly rent and management fee are overdue, the amount of damages for delay was calculated at 24% per annum. The lease deposit was paid at KRW 20 million at the time of the contract, and the remaining KRW 10 million was to be additionally paid on September 2014. In the event that the lessee fails to pay the monthly rent for more than two years, the lessor stipulated that the lease can be terminated.

C. The Plaintiffs received KRW 20,000 as the lease deposit from the Defendants, KRW 25,00 as the monthly rent, KRW 2530,000 as the monthly rent, and KRW 2,530,000 as the management fee on October 16, 2013, and KRW 70,000 as the management fee on October 16, 2013.

The defendants occupy and use the real estate listed in the attached list until now.

E. The Plaintiffs asserted that the Defendants did not pay a monthly rent from December 5, 2013, and indicated in the instant complaint that the lease contract is terminated on the grounds of two or more years of rent.

On April 7, 2014, the above warden was served on the Defendants.

2. Determination as to the plaintiffs' claims

A. According to the above facts, the instant lease agreement was terminated by the delivery of the complaint of this case containing the Plaintiffs’ declaration of termination of the lease agreement on the grounds of a rent delay. Thus, the Defendants are listed in the separate sheet to the Plaintiffs.

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