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(영문) 서울북부지방법원 2014.05.28 2013가합23475
건물명도
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

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

(b) 49,000,000 Won;

Reasons

1. Facts of recognition;

A. The Plaintiff is a 1/2 equity holder of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On November 29, 2012, under Defendant B’s joint guarantee, the Plaintiff leased the instant real estate to Defendant C by setting the lease deposit amount of KRW 50 million, KRW 9 million per month, and the period from January 1, 2013 to December 31, 2013, and received KRW 50 million from the Defendants.

C. However, Defendant C did not pay at all to the Plaintiff the rent under the above lease agreement, and on December 9, 2013, the Plaintiff notified the Defendants of the termination of the said lease agreement on the grounds of the overdue rent of more than two years.

The Defendants continue to possess and use the instant real estate until the date of closing the argument in the instant case.

[Grounds for Recognition]

1. Judgment made by deeming confessions (Article 208 (3) 2 of the Civil Procedure Act); Defendant

2. Decision by public notice (Article 208(3)3 of the Civil Procedure Act). 2. Inasmuch as the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination, the Defendants are jointly and severally obligated to deliver the said real estate possessed by the lessor and the Plaintiff, a 1/2 equity owner of the instant real estate, to the Plaintiff, and to pay the amount equivalent to the unpaid rent or the rent, totaling KRW 49 million (one-month rent from January 1, 2013 to November 30, 2013 after deducting KRW 50 million from the lease deposit) and the amount equivalent to KRW 4,50,000 (9,000,000) from January 1, 2013 to December 1, 2013 to the completion date of delivery of the said real estate.

(A) Full acceptance of the Plaintiff’s claim

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