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(영문) 인천지방법원 2016.02.18 2015가단45498
건물명도등
Text

1. The defendant is against the plaintiffs.

Attached Form

Among the first floor of the real estate stated in the list, each point of the attached Form 1, 2, 3, 4, and 1.

Reasons

Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and 2, the defendant: (a) purchased 1, 2, 3, 4, and 1 shares from D on February 17, 2014, on the first floor of the real estate listed in the attached Table Nos. 1, 30,000 square meters (hereinafter "the instant store") connected in sequence with D; (b) KRW 1,00,000,000,000 for lease deposit; (c) from March 1, 2014 to February 28, 2016; (d) the defendant's family members were operating the instant restaurant at the instant store; (e) purchased the instant store from D on January 30, 2015, and succeeded to the lessor's status at the time of the lease agreement; and (e) the defendant claimed for the payment of the rent of the instant building from 1,500,000 won to 251,000,0000 won.

According to the above facts, the lease contract on the building of this case was lawfully terminated on August 19, 2015 by exercising the Plaintiff’s right to terminate the contract.

As such, the defendant is obligated to deliver the building of this case to the plaintiffs, and pay damages equivalent to the rent and rent calculated by the ratio of KRW 500,000 per month from May 1, 2015 to the completion date of delivery of the building of this case.

Therefore, the plaintiffs' claims are justified, and it is so decided as per Disposition.

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