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(영문) 서울중앙지방법원 2014.10.23 2014가단5138380
건물
Text

1. The Defendant’s KRW 3,685,036 to the Plaintiffs, as well as 5% per annum from May 23, 2014 to October 23, 2014, and thereafter.

Reasons

1. Facts of recognition;

A. On April 14, 201, Samsung Mutual Savings Bank (hereinafter referred to as “Teosung Mutual Savings Bank”) leased the leased deposit amount of KRW 40,000,000, monthly rent of KRW 1,600,000 (excluding value-added tax), monthly rent of KRW 15,000, monthly rent of KRW 160,00,00 from May 16, 201 to May 15, 201, which was owned by the Defendant, at the rate of delay damages for the monthly rent of KRW 10,00,00.

(hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed.

B. On June 27, 2012, the Plaintiffs purchased the instant store from Samsung Mutual Savings Bank, and completed the registration of ownership transfer with respect to the instant store on July 24, 2012, and shared as one-third shares.

C. On July 23, 2012, Samsan Mutual Savings Bank succeeded to the instant lease agreement to the Plaintiffs pursuant to the ownership transfer of the instant store, and notified the Defendant of the fact that the unpaid monthly rent (attached Form 1) is KRW 2,224,798, and the settled amount of the lease deposit after deduction, such as the statement on the rent calculation sheet (attached Form 1).

On July 23, 2012, the Plaintiffs paid the unpaid rent of KRW 2,224,798 on behalf of the Defendant to Samsung Mutual Savings Banks.

E. On February 5, 2013, the Plaintiffs sent to the Defendant a content-certified mail that notifies the termination of the instant lease agreement on the grounds of delinquency in monthly rent for at least seven months, and the said content-certified mail sent to the Defendant on February 6, 2013.

F. The Defendant removed the instant store on May 22, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6, 7, Eul evidence Nos. 1, 3 and 4, Eul evidence Nos. 2 and 5 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiffs' assertion (i.e., the plaintiffs' assertion) is the defendant's body of rent.

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