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(영문) 수원지방법원평택지원 2017.05.23 2016가단49707
건물인도 등 청구의소
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The Plaintiff:

A. Defendant B.

Reasons

1. Determination as to claims against Defendant B and C

A. (1) On October 19, 201, the Plaintiff entered into a lease agreement with Defendant B to pay KRW 30,000,000 (including value-added tax) for the real estate listed in the separate sheet (hereinafter “instant building”) as indicated in the separate sheet, from December 10, 201 to December 9, 2021, and from December 10, 201, to December 9, 2021, and the rent is KRW 11,00,000 (including value-added tax) for the first month, and the rent shall be exempted from the first month and shall be paid in advance on January 11, 201 to the 10th day of each month (hereinafter “instant lease agreement”).

(2) In order to make business registration under the name of Defendant C, one of his wife, Defendant C demanded the Plaintiff to prepare a lease contract on the instant building in the name of Defendant C, and the Plaintiff accordingly prepared a lease contract with the lessee as Defendant C.

(3) The Plaintiff transferred the instant building to Defendant B in accordance with the instant lease agreement, and Defendant C completed business registration in the instant building.

(4) Since Defendant B paid KRW 7,00,000 to the Plaintiff on September 13, 2016, Defendant B did not pay that amount until now. As of November 9, 2016, Defendant B’s overdue overdue charge is KRW 147,324,000.

[Around November 9, 2016: (i) KRW 638,00,00 in total (i.e., KRW 11,00,000 in total x 58 months in total) - (ii) KRW 490,676,00 in total) . (iii) the copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease on the ground of the delinquency in rent for at least two years reaches Defendant B on December 23, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. (1) According to the facts of the determination as to the claim against Defendant B, the instant lease agreement was terminated on December 23, 2016 upon the delivery of a copy of the instant complaint to Defendant B.

The Plaintiff’s content certification on November 7, 2016 is prior to the service date of a duplicate of the instant complaint.

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