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(영문) 부산지방법원 2016.02.24 2015가단213175
건물명도
Text

1. The Defendant’s name from KRW 238,481,651 to KRW 238,651 from January 1, 2016 to each real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. On August 29, 2013, the Defendant leased each of the said real estate from C Co., Ltd. (hereinafter “C”) (hereinafter “C”), the former owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(hereinafter referred to as “instant lease agreement”). Items 1 real estate (No. 108 of the first floor mobile 1) attached Form 2 (No. 120,000 won in monthly rent of KRW 130,000,000 in monthly rent of KRW 120,000, the payment date of KRW 5,600,000 on the last day of each month (excluding value-added tax), and KRW 5,400,000 as of the last day of each month from the end of the contract period from December 1, 2013 to November 30, 2015, the lessee who is liable to pay compensation for delay of 20% per annum from the payment date of the special agreement to the full payment date of the monthly rent and management fees from the payment date of the monthly rent of KRW 130,00,00 in the attached Form 2.

B. On October 14, 2013, in order to secure the return of the deposit under the instant lease agreement, the Defendant entered into a joint chonsegwon contract between C and each of the instant real estate as “250,000,000 won for the deposit for lease on a deposit basis, and from December 1, 2013 to November 30, 2015,” and completed the registration of establishment of each joint chonsegwon with the Busan District Court’s registration No. 54700 on the same day as the registration date.

(hereinafter “Registration of creation of chonsegwon”). C.

On December 19, 2013, the Plaintiff purchased each of the instant real estate from C and completed the registration of ownership transfer on the 31st of the same month. On January 15, 2014, the Plaintiff notified the Defendant of the acquisition of ownership and the succession to the instant lease agreement.

The Defendant paid the monthly rent to the Plaintiff by August 2014 following the above succession.

From September 2014, the Defendant did not pay the monthly rent to the Plaintiff, and the Plaintiff sent a certificate of content demanding the Defendant to pay the monthly rent in arrears six times from January 2, 2015 to April 1, 2015.

Even after that, the plaintiff did not pay the rent continuously, as the service of a duplicate of the complaint of this case.

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