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(영문) 춘천지방법원 2015.08.19 2014가단10215
건물명도
Text

1. Defendant B received KRW 912,500 from the Plaintiff, and at the same time, between the first floor of the building indicated in the attached Table to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1-1, 2, 2, and 3 and the whole purport of the arguments as a result of the on-site verification conducted by this Court.

On September 3, 2012, the Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant lease agreement”) with regard to the leased deposit deposit of KRW 2 million, monthly rent of KRW 200,000,00,000, and two years of lease period of KRW 200,000,000,000 for the stores located in (A) part of 33 square meters in a ship (hereinafter “the instant leased object”) connected each point of the attached Form No. 1,2,3,4, and 1 among the 1st floor of the building indicated in the attached Table.

B. On June 10, 2013, the Plaintiff entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 1 million, monthly rent of KRW 200,00,000, and one year for lease term of KRW 23,000,00,000 for the part (B) housing of KRW 23,000,000,000,000,000 among the two floors of the building indicated in the separate sheet (hereinafter “instant lease agreement”).

C. Defendant B does not pay rent from December 10, 2013; and Defendant C does not pay rent from November 15, 2013.

The Plaintiff was served on December 1, 2014 on the Defendant B with a copy of the instant complaint containing a declaration of intent to terminate the instant lease agreement on the grounds of the Defendants’ delinquency in rent, and each of the instant complaint was served on Defendant C on November 28, 2014.

E. Defendant B is running the repair business of electrical and electronic equipment in the leased object of this case until the closing date of the argument of this case.

2. The plaintiff's claim was examined. The plaintiff terminated the contract of the first and second lease of this case on the ground that the defendants did not pay rent for a period of not less than three years, and the termination of the term of the first and second lease of this case is as seen earlier. Thus, the defendants are not in special circumstances.

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