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(영문) 인천지방법원부천지원 2016.09.28 2016가단109828
건물명도
Text

1. The Defendants:

(a) deliver the real estate listed in the separate sheet;

(b) shall be jointly and severally effective from February 10, 2016.

Reasons

1. Facts of recognition;

A. On February 10, 2015, the Plaintiffs, as co-owners of the real estate listed in the separate sheet (hereinafter “instant commercial building”), concluded a contract to lease the instant commercial building to Defendant F with the Plaintiff as the representative, as follows (hereinafter “instant lease contract”).

The object of lease: The deposit for lease of the commercial building in this case: the period of KRW 40 million, and the rent: the period of KRW 7 million per month: The special agreement from February 10, 2015 to February 10, 2016: ① The lessee shall bear the amount of heavy taxation imposed on the lessor; (1) the lessee shall pay the amount of heavy taxation; (2) the lessor shall pay the amount of heavy taxation; and (3) the lessor shall pay the amount of heavy taxation; and (3) the lessor shall settle the amount of heavy taxation by comparing the amount of heavy taxation when the lessor actually pays heavy taxation.

(2) The amount equivalent to the value-added tax on the rent of seven million won shall be paid separately by the lessee to the lessor, but such amount shall be adjusted to three million won.

B. Defendant F paid a deposit for lease and received the delivery of the commercial building of this case for the purpose of entertainment tavern, etc., and occupied and used it for the purpose of entertainment tavern, etc.

Defendant G, around July 6, 2015, is trying to enable Defendant F to engage in entertainment bar business in the instant commercial building by preparing a separate lease contract with the Plaintiff in his name at the request of Defendant F and having his business registered.

C. Defendant F did not pay the rent from February 10, 2016, which was after the renewal of the contract, and the Plaintiffs notified Defendant F of the intent to terminate the instant lease agreement on the grounds of three or more occasions of delinquency in rent, around June 10, 2016.

[Grounds for recognition] Gap 1-5 evidence, the purport of the whole pleading

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated around June 10, 2016, and the Defendants are co-owners of the instant commercial building, and Defendant G bears the obligation to occupy and use the instant commercial building jointly and severally with Defendant F.

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