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Reasons
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(영문) 서울남부지방법원 2016.01.13 2015가단29729
건물인도 등
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1. Defendant D:

A. At KRW 29,865,028 from the Plaintiffs, the following:

(b).

The remainder of the money obtained by deducting each money set forth in the subsection.

Reasons

1. Facts of recognition;

A. The relevant FF died on October 2, 2009, and the wife of the Plaintiff A inherited 3/7 shares, and the Plaintiff B and C inherited 2/7 shares, respectively.

B. On January 11, 2008, F entered into a lease contract with Defendant D by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 350,000,000, and the lease period from January 23, 2008 to January 23, 2009 as the lease deposit amount of KRW 30,000,000, monthly rent of KRW 250,000,000, monthly rent of KRW 250,000.

(2) Since then, the above lease was renewed, and the Plaintiffs and Defendant D changed the said lease amount to KRW 400,000 from January 2014.

(3) Defendant D did not pay the monthly rent from June 2013 (payment date July 23, 2013).

(4) The Plaintiffs expressed their intent to terminate the lease agreement with Defendant D by serving a duplicate of the instant complaint.

C. (1) On May 15, 2006, F entered into a lease agreement with Defendant E with regard to the portion of 11.4 square meters in the ship (a) connected in sequence with each of the items in the attached drawings 1, 2, 3, 4, 5, 6, and 1 among the underground floors of the instant real estate among the single floors of the instant real estate, the lease agreement was concluded by setting the lease agreement as the lease deposit amount of KRW 1,00,000,000 (payment on May 16, 2006), monthly rent of KRW 140,000 (payment on the 16th of each month), and the lease period of KRW 24 months from May 16, 2006.

(2) Since then, the above lease agreement was renewed, and on June 16, 2010, Plaintiff A concluded the lease agreement again by setting the lease agreement as KRW 1 million with Defendant E and the rental deposit, KRW 1 million monthly rent, KRW 150,000,000, and the lease period from June 16, 2010 to twenty-four months.

(3) Defendant E did not pay the difference from July 2013 (the payment date August 16, 2013).

(4) The Plaintiff expressed his intent to terminate the lease contract with Defendant E by serving a duplicate of the instant complaint.

[Ground of recognition] With respect to Defendant D, there is no dispute, and evidence A9 through 13.

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