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(영문) 인천지방법원 2014.12.10 2014가단962
건물명도등
Text

1. The Defendants jointly and severally deliver the building indicated in the separate sheet to the Plaintiff (Appointed Party).

2. The defendants are the defendants.

Reasons

1. The following facts are acknowledged as follows: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2-1 to 5; (c) evidence No. 3; (d) evidence No. 1 to 3; and (e) evidence No. 6; and (e) the purport of the entire pleadings.

A. On September 11, 2006, with respect to each 2/10 share of the building listed in the separate sheet (hereinafter “instant building”), the ownership transfer registration was completed in the name of the Plaintiff, Appointor D, E, F, and each 1/10 share of the instant building in the name of the Plaintiff, Appointor H, and I succeeded to I on December 26, 201.

B. On July 19, 2007, the Plaintiff and the designated parties leased the instant building to the Defendants by setting the lease deposit amount of KRW 100 million, KRW 2 million per month, and the lease term from July 31, 2007 to July 31, 2009 (hereinafter “instant lease contract”). The instant lease contract states that the lessee is the Defendant B, and the special terms and conditions indicate that the lessor is responsible for the lease, and the instant lease contract has been implicitly renewed.

C. Around May 2007, the Defendants decided to operate a telecom business with a 50% share of each of the 50% shares. After leasing the instant building, the Defendants engaged in the telecom business, and actually, Defendant C took charge of the business.

The Defendants, until September 30, 2014, did not pay a total of KRW 111,150,000,000,000.

E. On September 3, 2014, the Plaintiff submitted to this court a written application for modification of the purport of the claim and a preparatory document containing the termination of the instant lease agreement on the grounds of rent delay, and the said written document was served on the Defendants on the same day.

2. Determination

A. According to the fact that the termination of the instant lease agreement was acknowledged, the instant lease agreement was concluded on September 3, 2014, which included the content that the instant lease agreement will be terminated on the grounds of rent delay for more than two years, and the filing of an application for amendment of claim and the preparatory document delivered to the Defendants.

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