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(영문) 수원지방법원 2015.09.09 2014가단528344
건물명도
Text

1. The Plaintiff:

A. The Defendants’ attached Form

2. To deliver corporeal movables recorded in the list:

B. The Defendants respectively are 3,700.

Reasons

1. Facts of recognition;

A. On or around April 8, 2013, the Plaintiff: (a) attached Table among the multi-family houses (three households) 199.62 square meters on the one-story roof of the Gungdong-gu Seoul Metropolitan Government and the 660 square meters on the other-party ground of 44 square meters on the other-party ground in Chungcheongnam-si; and (b) the other-party 19.

1. As to the portion of 9.81 square meters (hereinafter “the instant real estate”) to which the map Nos. 1, 2, 3, 4, 5, 6, and 1 are linked in sequence with each point of the said items, a lease contract is concluded between the Defendant C and the owner of the Do governor, and the Defendant C and the Defendant B, who actually occupies and uses the said real estate under the delegation from the owner’s authority delegated by the G, with respect to the 9.81 square meters (hereinafter “the instant real estate”), the deposit amount is KRW 5 million, monthly rent is KRW 750,000,000 (excluding value-added tax), and the lease period is between April 6, 2013 and April 5, 2015; on the same day, separately between the Defendants and the Defendants, facilities and equipment

2. As to the corporeal movables listed in the list (hereinafter “corporeal movables in this case”), a lease agreement was concluded by setting the deposit amount of KRW 5 million, monthly rent of KRW 1.25 million (excluding value-added tax), and the lease period of KRW 3 years, respectively.

B. The Defendants, under the lease agreement on the instant corporeal movables, agreed to return the instant corporeal movables to Defendant B, as part of the facility cost, that the Plaintiff would return the deposit upon the expiration of the lease period of three years, and transfer the instant corporeal movables to the Defendant B. However, if the monthly rent is delayed for more than two months, the lease may be reversed. In such a case, the instant corporeal movables shall return to their original state, but the amount of KRW 10 million shall not be returned.

C. Defendant C had Defendant C de facto possess the instant real estate and corporeal movables, and after the conclusion of a lease agreement, Defendant C paid monthly rent. Although the monthly rent on the instant real estate was not in arrears, Defendant C delayed the payment of KRW 370,000,000,000 for each of the monthly rent from February 2, 2014 to May 2014 among the monthly rent on the instant corporeal movables, each of the KRW 300,000,000,000,000 for the monthly rent from May 2014, and the monthly rent from June 2014 to July 7, 2014, respectively, and thereafter, the said corporeal movables in the instant case.

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