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(영문) 수원지방법원안양지원 2015.11.25 2015가단15267
건물명도등
Text

1. The defendant is against the plaintiffs:

(a) Description 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 of the real estate listed in the separate sheet;

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the facts that on April 21, 2015, the plaintiffs agreed to the defendant on April 21, 2015 by setting the lease deposit amount of KRW 220 square meters for the lease deposit amount of KRW 25,00,000, monthly rent of KRW 5,350,400 (after April 29, 200), management expenses (fixed amount) monthly rent of KRW 2,816,00, and lease period of KRW 20 from April 30, 2015 to April 29, 2017, and the fact that the defendant paid the defendant the above lease fee of KRW 25,00 to the defendant on May 29, 2015 and KRW 16,000,000,0000 for more than 20,000,0000.

Therefore, the defendant is obligated to deliver the above real estate to the plaintiffs, and pay the overdue rent and management expenses or unlawful gains calculated by the ratio of KRW 8,166,40 per month from July 30, 2015 to the completion date of delivery of the above real estate (=5,350,400 won).

2. On October 8, 2015, the Defendant asserted that the Defendant’s claim for the termination of the contract is unfair, on the ground that the Plaintiffs extended the period of repayment of overdue rent to the Defendant on August 2015 and September 8, 2015 on the premise of the validity of the above lease agreement, on or around October 8, 2015, and that the Defendant’s claim for the termination of the contract was unreasonable. However, there is no evidence to acknowledge it. Therefore, the Defendant’s allegation is without merit.

3. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.

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