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(영문) 수원지방법원평택지원 2016.07.21 2014가단46537
건물명도
Text

1. The Defendant shall pay KRW 70,207,425 from the Plaintiffs and KRW 64,949,57 from July 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 23, 2011, the Defendant entered into a lease contract with the Spanish Co., Ltd., with regard to the real estate listed in paragraph (1) of the attached Table No. 1 as the lease term until December 31, 2012, with the deposit amount of KRW 3,00,000,000, and the rent of KRW 315,000 (value-added tax separate) per month, and paid the lease deposit, and occupied, uses, and profits from, the said real estate. On May 31, 2012, the Defendant entered into a lease contract with the Spanishish Co., Ltd. with respect to each real estate listed in the attached Table No. 10,000,000, monthly rent of KRW 90,000 (value-added tax), from July 1, 2012 to May 31, 2014, with the lease deposit of each of the instant real estate as the lease deposit.

B. On August 12, 2011, Pyeongtaek-si and D-ground commercial buildings (hereinafter “instant commercial buildings”) including each of the instant real estate owned by the Spanish Co., Ltd. were completed the registration of ownership transfer in the future of the International Trust Co., Ltd. on the same day as the date of August 12, 2011.

C. The Plaintiffs: (a) completed the registration of ownership transfer on May 21, 2014 due to sale on April 17, 2014; and (b) succeeded to the lessor’s status under the instant lease agreement between B and the Defendant as to each of the instant real estate.

On May 29, 2014, the Plaintiffs notified the Defendant that they had no intent to renew the instant lease agreement, and the duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of delinquency in rent was served on the Defendant on December 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The grounds for the Defendant’s delinquency in rent are as follows.

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