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(영문) 의정부지방법원 2016.10.27 2016가단110284
건물명도
Text

1. The Plaintiff:

A. Defendant A delivers a building listed in the attached list;

B. Defendant B shall enter in the separate sheet.

Reasons

1. Facts of recognition;

A. On March 16, 2006, the Plaintiff entered into a lease agreement with Defendant A by setting forth a lease agreement with regard to the buildings listed in the separate sheet (hereinafter “instant building”) and renewal of the lease agreement each year between Defendant A. On March 27, 2013, KRW 26,780,00 for lease deposit, KRW 267,80 for rent, KRW 267,80 for rent, and KRW 267,80 for rent, and KRW 267,80 for rent, from March 22, 2013 to March 21, 2014 for rent and unpaid rent, a financial institution under the Banking Act, which is the highest share in the household loan market, to pay the overdue charge calculated by applying the minimum overdue interest rate for the general loan of the financial institution at the highest level (hereinafter “instant lease”).

Under the instant lease agreement, the Plaintiff fulfilled all the duty to deliver the instant building, and Defendant A fulfilled the duty to pay the deposit money.

B. On September 18, 2008, Defendant A sub-leaseed the instant building to Defendant B without the Plaintiff’s consent by setting the lease deposit amount of KRW 45,00,000, and the lease term from October 8, 2008 to October 8, 2010.

C. Defendant A did not pay a vehicle under the instant lease agreement from November 201, 2013 to the date of closing argument. (2) The Plaintiff urged Defendant A to pay each of the unpaid lease deposit, rent, and late payment charges on September 21, 2015.

3) As a duplicate of the instant complaint, the Plaintiff expressed to Defendant A the intent to terminate the instant lease agreement on the grounds of more than two rent ties, etc. D. As of the date of the closing of argument, Defendant B occupied and used the instant building as of the date of the closing of argument in the status of possession as of the date of the closing of argument in the instant case. [In the absence of any dispute over the grounds for recognition, evidence No. 1, No. 3, evidence No. 6-1, No. 6-2, and evidence No. 8-1, No. 8-2

2. Determination

(a)the cause of the claim;

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