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(영문) 서울동부지방법원 2017.01.13 2016가단124376
건물명도
Text

1. For the plaintiffs:

A. The Defendants indicated in the separate sheet Nos. 1, 2, 3, 4, and 84.63 square meters of the 1st floor of each building listed in the separate sheet.

Reasons

Basic Facts

On December 28, 2005, the Plaintiffs purchased the buildings listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer on November 25, 2005, respectively.

On July 10, 2014, the Plaintiffs entered into a lease agreement with Defendant D with the term of August 10, 2015, under which the Plaintiffs entered into a lease agreement with Defendant D with the term of 1,2,3,4, and 1 attached drawings among the 84.63 square meters of the first floor of the instant building (hereinafter “instant store”), and with the leased deposit of 12 million won, monthly rent of 850,000 won (per month, 10,000,000 won, and later, the value-added tax), and from August 10, 2014 to August 10, 2015, the leased deposit of 1.2 million won on July 11, 2014, and the remainder of the lease deposit of 1,08 million won on August 12, 2014, and deliver the instant store around that time.

Defendant D operated the car page with the trade name “E” at the instant store.

However, as Defendant D failed to pay the monthly rent during the above lease period, Defendant D decided to change the lessee's name at the request of the plaintiffs.

Accordingly, the Plaintiffs entered into a lease agreement with Defendant C, which was introduced by Defendant D on October 12, 2015, with the term “Defendant C”, with the term fixed from October 12, 2015 to October 10, 2016, the Plaintiffs entered into the lease agreement with the term of KRW 12,00,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000.

Even after the change of the tenant's name, Defendant D continued to operate the car page at the store of this case.

However, the legitimate monthly rent that the Defendants are obligated to pay by November 10, 2016 constitutes 2,510,000,000 as indicated in the detailed statement of monthly rent as shown in the attached Table. The Defendants continued to delay the payment of the monthly rent for the above period, such as the payment of the total amount of KRW 12,69,000,000 for the monthly rent as indicated in the detailed statement of monthly rent.

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