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(영문) 전주지방법원 2018.07.25 2018가단161
건물명도
Text

1. The Defendants are in turn indicated in the separate sheet No. 7, 8, 9, 10, 7 among the buildings listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 25, 2017, Defendant B: (a) leased from the Plaintiff to December 25, 2018, an intermediate payment of KRW 3 million among the deposited money is KRW 7,8,9,10,000 (hereinafter “instant commercial building”) and KRW 10,000,000 per month of rent, KRW 650,000 (in advance payment, it shall be KRW 600,000 per month from January 25, 2018), and the lease term is determined from August 25, 2017 to December 25, 2018; (b) the remainder of KRW 5,00,000,000 from August 31, 2017, the lessor is obligated to terminate the lease contract without the consent of the lessee; and (c) the lessor is obligated to terminate the lease contract without the consent of the lessee.

B. However, Defendant B did not pay the rent and deposit under the instant lease agreement on the agreed date. After that, Defendant B received an extension of the time limit for the intermediate payment out of the deposit from the Plaintiff (the final extension time limit refers to February 25, 2018) and agreed to pay 650,000 won monthly rent from October 2017 to the Plaintiff, but did not pay the intermediate payment and balance from the deposit.

C. Defendant C, as Defendant B’s son, agreed to operate a beerhouse in the instant commercial building, to perform the lessee’s duty under the instant lease agreement to the Plaintiff.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was terminated on February 26, 2018, which is the following day after the remainder payment date among the deposit, and the Defendants ordered the instant commercial building to the Plaintiff, and jointly agreed with the Defendants on November 26, 2017, which was sought by the Plaintiff after the last payment date of the rent.

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