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(영문) 의정부지방법원고양지원 2015.08.12 2015가단70207
건물명도
Text

1. Defendant D shall leave the Plaintiff from the real estate indicated in the attached list.

2. The Plaintiff’s claim against Defendant B and C.

Reasons

1. Basic facts

A. On May 20, 2014, the Plaintiff entered into a lease agreement with Defendant B on May 20, 2014 (hereinafter “instant lease agreement”) with regard to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), and received KRW 10 million out of the deposit money from Defendant B.

Lease Deposit: 10 million won (contract deposit KRW 10 million, balance of KRW 90 million, and KRW 50 million (payment on June 10, 2014): The lease contract may be terminated if the lease is overdue for at least two years from June 10, 2014 to June 9, 2019.

B. Defendant B operates the restaurant with the trade name “E” from the instant real estate.

C. Defendant B paid 50,000 won to the Plaintiff on September 30, 2014; November 27, 2014; January 22, 2015; January 17, 2015; and March 23, 2015.

[Reasons for Recognition] Gap evidence 1, Eul 1, Eul 3, 4, 8, 9, Eul evidence 2-1, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. (1) The Plaintiff’s assertion (1) agreed to the Defendant B with the test period until the end of July 2014 and to receive the rent from August 1, 2014, and Defendant B delayed payment of more than two rents.

In addition, Defendant B promised to pay the remainder of deposit KRW 60 million on June 9, 2014 and to pay KRW 30 million until January 21, 2015, but did not pay it.

On January 20, 2015, the Plaintiff notified Defendant B of the termination of the instant lease agreement. Therefore, the instant lease agreement was lawfully terminated on January 20, 2015 or on the date of delivery of a copy of the instant complaint.

Therefore, Defendant B transferred the instant real estate to the Plaintiff, and Defendant C, who occupied the instant real estate, has the duty to leave the instant real estate.

(2) Defendant B and C’s assertion is a restaurant business on September 30, 2014 at the end of the interior works for three months.

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