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(영문) 수원지방법원 2018.06.05 2017가단534777
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B, among the 1st floor of the building listed in the attached list, indicated in the attached Form No. A, B, C, D, and A.

Reasons

1. Facts of recognition;

A. Around 2015, the Plaintiff, the owner of the building indicated in the separate sheet, entered into a lease agreement with Defendant B, and Defendant B, with the content that the portion (i) on the ship (hereinafter “101”) in the separate sheet, which was connected in sequence with each other, shall be KRW 15 million, monthly rent of KRW 140,000 (excluding value-added tax), KRW 1400,000 (excluding value-added tax), KRW 1400,000 (excluding value-added tax), and from September 15, 2015 to September 14, 2020. Around September 2015, the Plaintiff delivered 101 to Defendant B.

B. Around 2015, the Plaintiff entered into a lease agreement with Defendant B, and the second floor of the building listed in the separate sheet, with the content that the part (b) part (b) of the attached sheet (hereinafter “201”) connected in order to each of the two parts of the building (hereinafter “201”) was set as a deposit of KRW 10 million, monthly rent of KRW 80 million, monthly rent of KRW 800,000 (excluding value-added tax), and restaurant for use (hereinafter “201”). At that time, the Plaintiff delivered No. 201 to Defendant B.

C. Following the Defendants’ request, on March 5, 2016, the Plaintiff entered into a contract with Defendant C and 201, under which the lessee is changed from “Defendant C” to “Defendant C” as his wife, and the purpose of use is changed from “cafeteria”; and the term of lease from March 20, 2016 to March 20, 2021.

From March 21, 2016, the Defendants did not pay to the Plaintiff the difference in terms of the lease agreement regarding Nos. 101 and 201.

On October 6, 2016, the Plaintiff sent to the Defendants a certificate of the content that the lease agreement with respect to Nos. 101 and 201 was terminated on the grounds of the delinquency of rent for at least two years. Around that time, the Plaintiff was served on the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged prior to the determination as to the cause of the claim, the lease agreement on Nos. 101 and 201 is around October 201, pursuant to the Plaintiff’s declaration of termination on the grounds of each of the Defendants’ delinquency in rent.

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