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(영문) 의정부지방법원고양지원 2016.02.17 2015가단28541
건물명도 등
Text

1. Defendant B:

(a) deliver the real estate listed in the separate sheet;

(b) 10,753,160 won and September 10, 2015.

Reasons

1. Facts of recognition;

A. On November 3, 2012, the Plaintiff entered into a lease agreement with Defendant C’s agent for the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant C (hereinafter “instant real estate”) by setting the lease deposit of KRW 20 million, KRW 900,000 per month (payment on the 10th day of each month), and the lease period from December 10, 2012 to December 9, 2014, and around that time, delivered the instant real estate to the Defendants.

B. On November 9, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C, the agent of Defendant B, and the instant real estate, with the lease deposit of KRW 20 million, monthly rent of KRW 1 million (payment on the 10th of each month), and the lease period of KRW 1 million from December 10, 2014 to December 9, 2016 (hereinafter “instant lease agreement”).

C. From May 10, 2015, Defendant B paid KRW 500,000 as the rent on August 21, 2015, Defendant B delayed payment of KRW 4.5 million based on September 9, 2015.

In addition, as of February 2, 2016, Defendant B did not pay the management expenses of KRW 6,253,160 in aggregate, and Article 13(2) of the Rules on the Management of Multi-Family Housing concerning the instant real estate provides, “Where a resident leases his/her house to a user, he/she shall be liable to the relevant tenant for the overdue portion, such as management expenses, user fees, etc.”

E. The defendants have been residing in the real estate of this case until now.

[Ground of recognition] The fact that there is no dispute, Gap's 3 through 9, Eul's 1, 5, and 9 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants alleged by the Plaintiff are currently residing in the instant real estate as a lessee, and the instant lease agreement is legally terminated by serving a duplicate of the complaint of this case stating the declaration of intent to terminate the instant lease agreement on the grounds that the said lease was not in arrears for more than two years.

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