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(영문) 의정부지방법원 2014.08.19 2013가단41646
건물명도 등
Text

1. Defendant (Counterclaim Plaintiff) and Defendant C, D, E, and F Co., Ltd. are listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant real estate”).

B. On May 19, 2010, the Plaintiff leased the instant real estate to Defendant B by setting the lease deposit amount of KRW 15 million, monthly rent of KRW 1.5 million, the lease term from June 20, 2010 to June 20, 2012, and the rent payment date as the 21st day of each month.

C. Defendant B and C are in marital relations, and they repair and possess the instant real estate leased, and Defendant D, E and F occupy the instant real estate. Defendant D and E are the relatives of Defendant B, Defendant E’s representative G is the children of Defendant B and C, and Defendant FF corporation’s representative H is the husband of Defendant B and C.

The Defendants occupied and used the instant real estate.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Even according to the Defendants’ assertion on whether the Defendants are obligated to deliver the instant real estate to the Plaintiff, the instant real estate lease agreement is terminated on June 20, 2014. Thus, the Defendants are deemed to have no right to possess the instant real estate thereafter.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

3. Determination as to Defendant B’s claim

A. At the time of Defendant B’s assertion that the instant real estate was leased to Defendant B, the Plaintiff agreed to the effect that, instead of being repaired and used by Defendant B, the deposit is KRW 15 million and monthly rent is KRW 1.5 million, and that the term of the lease is ten years.

However, since the plaintiff refused to extend the term of lease in violation of the agreement and sought to deliver the above real estate, the plaintiff is the period of ten years to the defendant B, the security deposit of 15 million won, the director's expenses of 25 million won, and the ten-year lease.

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