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(영문) 전주지방법원 2016.04.26 2015가단34347
건물명도
Text

1. Defendant A:

A. List 2, 3, 4, 5, 6, 7, 8, 9, 9, 9, among the underground floors of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. 1) On March 16, 2015, the Plaintiff entered into a lease agreement with Defendant A, and among the real estate listed in the separate sheet attached to the Plaintiff’s ownership, the part “A” in the part 483.75 square meters in the ship, which was successively connected to each of the items listed in the separate sheet attached to the underground floor drawings, among the real estate listed in the separate sheet attached to the Plaintiff’s ownership (hereinafter “instant 1 real estate”).

(C) A lease agreement with respect to the term of lease deposit amounting to KRW 20 million, KRW 1.5 million per month, and the term of lease to KRW 1.5 million from May 20, 2015 (hereinafter “instant first lease agreement”).

(2) On May 20, 2015, the Plaintiff entered into a lease agreement with Defendant B, with respect to the portion of 65.61 square meters in part of “B” (hereinafter “instant 2 real estate”) connected with each of the items indicated in the attached Table No. 1, 2, 9, 8, and 1 among the real estate listed in the attached Table No. 2015, the Plaintiff entered into a lease agreement (hereinafter “instant 2 lease agreement”) with the following terms: (a) KRW 200,000 per month; and (b) from May 20, 2015, for one year from May 20, 2015 (hereinafter “instant 2 lease agreement”).

B. In accordance with each of the instant lease agreements, the Plaintiff delivered the instant real estate to Defendant A, and the instant real estate to Defendant B, respectively.

C. Upon the service of the duplicate of the instant complaint, the Plaintiff expressed his/her intent to terminate each of the instant lease agreements on the grounds of the Defendants’ delinquency in rent for four months from May 20, 2015 to September 20, 2015. The duplicate of the instant complaint reached the Defendants on November 9, 2015.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence No. 1-1, 2, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants alleged by the Plaintiff did not pay the difference for four months from May 20, 2015.

Therefore, the Plaintiff terminated each of the instant lease agreements with the Defendants on the grounds of the delivery of a copy of the instant complaint on the grounds of the rent delay, and thus, the Plaintiff (1) the Defendant A delivers the instant real estate No. 1, and KRW 6 million in arrears for four months from May 20, 2015, and September 2015.

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