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Reasons
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(영문) 의정부지방법원 2015.12.10 2015가단101023
건물 인도 등 청구의 소
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1. Defendant C:

(a) deliver the real estate listed in the annex 1 list;

(b) KRW 35,600,000 and this shall apply;

Reasons

1. Basic facts

A. Plaintiff A is the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). Plaintiff B is the owner of the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate No. 2”).

B. On August 1, 2007, Defendant C entered into a lease agreement with the Plaintiff and the instant one with respect to the lease deposit of KRW 30 million, monthly rent of KRW 2.2 million, and the lease agreement with the Plaintiff from September 1, 2007 to August 31, 2009 and with the mutual name of “E” during the lease period of KRW 30 million from December 6, 2013 to May 2014 without deducting the overdue rent of KRW 1 million from the lease deposit without deducting the previous overdue rent of KRW 30 million from May 2013 to May 31, 2015.

C. On July 28, 2010, F entered into a lease agreement with the Plaintiff B and the instant two real estate, with the lease deposit of KRW 10 million, monthly rent of KRW 700,000,000, and the term of lease from August 17, 2010 to August 16, 2012. Defendant D, on August 16, 2013, entered into a lease agreement with the Plaintiff B and F to succeed to the status of the lessee under the said lease agreement and did not set the term of lease. Defendant D carries on the instant two real estate with the trade name of “G”.

(hereinafter the above lease agreement between the plaintiffs and the defendants is collectively referred to as "the lease agreement of this case"). [Grounds for recognition] without dispute, each entry in Gap evidence 1 through 6, and the purport of the whole pleadings.

2. Determination as to the claim against Defendant C

A. From July 1, 2013, Defendant C did not pay the monthly rent of the instant lease agreement after July 1, 2013, there is no dispute between the parties, and according to the evidence No. 3, Plaintiff C notified the Defendant C of the termination of the instant lease agreement on the grounds of overdue rent, around July 25, 2014.

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