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Reasons
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(영문) 서울북부지방법원 2015.09.23 2015가단660
건물명도
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1. Defendant B, D, and E shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. Defendants B and D shall be joint and several.

Reasons

1. Facts of recognition;

A. On January 28, 2013, Defendant B entered into a lease agreement with the Plaintiff on the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff during the period from February 1, 2013 to January 31, 2015, setting the deposit amount of KRW 25 million, monthly rent of KRW 2200,000 (excluding value-added tax), and the period from February 1, 2013 to January 31, 2015, and operated a day-to-day house in the said real estate.

At the time of the above contract, Defendant B entered into G the name of the tenant and the name of the business operator.

B. After that, Defendant B, upon requesting the Plaintiff to change the name of the lessee with respect to the instant real estate, concluded a lease agreement with the Plaintiff on November 11, 2013, setting the term of the said lease agreement from November 11, 2013 to November 10, 2015.

At the time of the above contract, Defendant B entered into the name of the lease as Defendant C and D.

(hereinafter “instant lease agreement”). C.

On the other hand, on February 19, 2014, Defendant B changed its business registration name in Defendant E’s name.

As the rent and management expenses under the instant lease agreement were not paid from January 2014, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds of the delay in rent due to the delivery of the instant complaint.

E. Under the instant lease agreement, the details of rents (including value-added tax, KRW 2.420,00 per month), management expenses ( KRW 602,448 per month), and public charges unpaid by April 2015 are as follows.

차임: 2014. 1. ~ 2015. 4. 합계 3,872만 원 관리비: 2014. 1. ~ 2015. 4. 합계 9,639,168원 전기요금: 2014. 1. ~ 2015. 4. 합계 11,179,181원 수도요금: 2014. 1. ~ 2015. 3. 합계 2,614,416원 ▷ 총 합계 62,152,765원 [인정 근거] 다툼 없는 사실, 갑 1~14호증, 변론 전체의 취지

2. Determination as to the Plaintiff’s claim against Defendant B, D, and E

(a) Defendant B or D: Judgment based on the deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

B. Defendant E: Article 208 of the Civil Procedure Act.

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