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(영문) 서울동부지방법원 2017.01.10 2016가단115297
건물명도
Text

1. Defendant E’s KRW 9,780,00 for Plaintiff A and 5% per annum from April 30, 2016 to November 30, 2016.

Reasons

1. Basic facts

A. The Seoul Gwangjin-gu Seoul Special Metropolitan City Ground Building owned the network H, and on September 3, 2010, the Plaintiff succeeded to 3/9 shares, 2/9 shares, and 2/9 shares, respectively.

B. On December 4, 2012, Plaintiff A leased the entire underground (hereinafter “instant building”) among the above buildings to Defendant E by setting the deposit amount of KRW 10,000,000, monthly rent of KRW 600,000, monthly rent of KRW 600,000, and the rent of KRW 600,000 from the commencement of Defendant E’s business.

(hereinafter “instant lease agreement”). C.

On May 30, 2013, the Defendants opened the instant building under Defendant E’s name and completed business registration, and occupied and used the instant building.

Defendant E paid the Plaintiff the rent by July 2013, and did not pay the rent thereafter, and the Plaintiff notified Defendant E of the termination of the instant lease agreement on April 29, 2016 on the ground that the rent was overdue at least twice.

E. The Defendants delivered the instant building to the Plaintiffs on September 7, 2016.

F. From June 10, 2016 to October 20, 2016, Plaintiff C paid the Defendants’ total amount of KRW 463,190,00,000 on the instant building from February 1 to 9, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 2 (including branch numbers), and the purport of whole pleadings.

2. According to the facts of the determination as to the cause of the claim, the following facts are as follows: ① Defendant E: (a) the rent unpaid for the period from August 1, 2013 to April 29, 2016 to KRW 19,780,00 for the period from April 29, 2016 (“329/30”); (b) the deposit amount of KRW 10,000,000, which is deducted from the deposit amount of KRW 10,000; (c) the amount of KRW 9,780,000 from April 30, 206, which is the following day after the termination of the instant lease agreement, until November 30, 2016; and (d) the annual rate of KRW 5% from the day following the date of delivery of the written application for change of the purport of the claim and the cause of the claim to the Plaintiff to November 30, 2016; and (e) the rate of special cases concerning the promotion of the lawsuit prescribed by 15% per annum.

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