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(영문) 수원지방법원 2017.06.14 2016가단538673
건물명도
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) 5,636,498 Won and as regards this;

Reasons

1. Facts of recognition;

A. On May 29, 2015, the Plaintiffs owned the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) in proportion to 1/2 shares, and leased the instant real estate as KRW 60 million from August 21, 2015 to August 20, 2020 from August 21, 2015, and KRW 3 million from the monthly rent (excluding value-added tax) to the Defendant.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, if the Defendant fails to pay the monthly rent to the Plaintiffs by the specified date, the Defendant shall pay the remainder by adding the amount calculated at a rate of 12% per annum to the remainder of the lease period. Notwithstanding the termination of the lease agreement, if the Defendant delays the delivery and reinstatement of the leased object, it shall pay twice the amount of money that the Defendant is liable to pay to the Plaintiffs, such as monthly rent, management fee, etc. from the day following the completion of the contract until the completion date

C. The Defendant used the instant real estate under the instant lease agreement. However, on October 5, 2016, the Defendant did not pay KRW 55,636,498 in total, including the sum of KRW 39.6 million in monthly rent (including value-added tax) and KRW 19.88 million in arrears, including the sum of KRW 4,158,00 in total, KRW 14,056,498 in arrears, and KRW 14,636,498 in arrears.

Accordingly, on October 6, 2016, the Plaintiffs sent to the Defendant a content-certified mail to the effect that the instant lease contract should be terminated on the grounds of the delinquency in rent for at least three (3) days, and that the instant real estate should be transferred within seven (7) days. On October 7, 2016, the Defendant received the content-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the lease contract of this case terminated on October 7, 2016 by the plaintiffs' notice of termination on the grounds of not less than three years of delay in rent. Thus, the defendant is the plaintiffs, and ①.

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