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(영문) 서울중앙지방법원 2017.11.08 2017가단5057819
건물명도(인도)
Text

1. From April 1, 2017, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s list Nos. 1 and 2, from the Plaintiff (Counterclaim Defendant) to the KRW 30 million.

Reasons

On March 30, 2016, the Plaintiffs leased and terminated the lease of the portion of the real estate (the first floor) listed in the attached list No. 1 of the attached list to the Defendant, as co-owners of the real estate listed in the attached list No. 1 of the attached list (the second floor).

Lease deposit is KRW 20 million, rent is KRW 20 million per month, management fee is KRW 100,000 per month (excluding value-added tax), and lease period is determined from April 1, 2016 to March 31, 2018.

The Defendant is under arrears with regard to the part on the first floor of this case since December 1, 2016.

On March 10, 2017, the Plaintiffs sent to the Defendant a postal item terminating the lease of the part of the first floor of this case on this ground, which reaches the Defendant around that time.

Attached Form

On April 17, 2016, the lease and termination Plaintiffs of the portion of the real estate listed in the list of paragraph (2) of this case (the part on the first floor of this case, and the part on the first floor of this case as well as the part on the first floor of this case, were leased to the Defendant on April 17, 2016.

Lease deposit is KRW 10 million, rent is KRW 1 million per month, and lease term is set from April 1, 2016 to March 31, 2018.

On May 1, 2016, the Plaintiffs and the Defendant entered into a lease agreement to change the lease term from May 1, 2016 to April 30, 2018, and on February 27, 2017, the lease agreement was changed from March 1, 2017 to April 30, 2018.

The Defendant is under arrears with regard to the part on the first floor of the instant underground floor after April 1, 2017.

The Plaintiffs stated the intent to terminate the lease of the part of the first floor above the ground of this case on the ground of the application for the modification of the purport of the claim and the cause of the claim in this case, which reaches the Defendant on September 13, 2017.

[Ground of recognition] Unsatisfy, A(1) through (3)

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