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(영문) 서울북부지방법원 2015.03.13 2014가단116315
건물명도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C and D are listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 9, 2010, the Plaintiff leased the building listed in the separate sheet (hereinafter “instant building”) to Defendant B as KRW 50,000,000, monthly rent of KRW 700,000, and thereafter changed the lease contract from July 9, 2012 to July 8, 2014.

(hereinafter “instant lease agreement”). B.

Defendant B should pay the difference of KRW 29,900,00 until June 8, 2014, and paid KRW 11,700,000 from November 6, 2012 to July 29, 2013, Defendant B paid KRW 18,200,000.

C. On January 22, 2014, the Plaintiff notified Defendant B of the purport to demand the eviction on the grounds of rent delay for at least two years, and the said notification reached Defendant B on January 24, 2014.

Meanwhile, on December 19, 2013, Defendant B promised to deliver the instant building to the Plaintiff by February 10, 2014, but failed to comply therewith. On February 17, 2014, Defendant B promised to deliver the instant building again by February 27, 2014, but did not comply therewith.

On August 2, 2010, Defendant B leased the instant building to Defendant C for a period of KRW 160,000,000, and two years, and Defendant C and D were residing in the instant building from that time to that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement between the Plaintiff and the Defendant B appears to be terminated on January 24, 2014 due to the termination on the grounds of rent, and thus, Defendant B is obligated to deliver the instant building to the Plaintiff. Defendant C and D currently who directly occupies the instant building is obligated to leave the instant building.

B. Defendant C and E were redevelopment of the instant building, and a certified copy of the register was published on November 23, 2012, and leased and resided the instant building to be owned by Defendant B.

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