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(영문) 수원지방법원 2017.02.09 2015가합66178
건물명도
Text

1. The Plaintiff, the Defendant A, and the Defendant B, respectively, are the buildings listed in the separate sheet No. 1, and the buildings listed in the separate sheet No. 2.

Reasons

1. In determining the cause of the claim, where the Plaintiff leased each of the buildings listed in paragraph (1) of the attached Table No. 1 to Defendant A on September 3, 2014 to Defendant A at KRW 16,114,00 (personal pro rata KRW 738,00), monthly rent of KRW 135,810, Defendant B’s lease deposit of KRW 28,364,000 (personal pro rata KRW 1,064,00), monthly rent of KRW 193,250 (personal pro rata KRW 1,00), the fact that the Plaintiff may terminate each of the above lease contracts between the Plaintiff and the Defendant, by taking into account the overall purport of the arguments as to the evidence No. 1, and that the Defendant A confession pursuant to Article 150 of the Civil Procedure Act.

Meanwhile, the Plaintiff asserted that the Plaintiff did not receive rent of KRW 1,128,470 from Defendant A to June 2015, and KRW 1,575,630 from Defendant B to June 2015, there is no evidence to prove that the Defendants paid the said rent to the Plaintiff.

Comprehensively taking account of the aforementioned circumstances, it is apparent in the calculation that the sum of the rents in arrears by the Defendants exceeds three months. Since it is apparent in the record that the complaint of this case, stating that the Plaintiff terminated each of the above lease agreements to the Defendants, was served on July 9, 2015 by the Defendants, each of the above lease agreements between the Plaintiff and the Defendants was lawfully terminated at the time of service.

Therefore, Defendant A is obligated to deliver each building listed in the attached list No. 1, and Defendant B is obligated to deliver each building listed in the attached list No. 2.

2. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.

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