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(영문) 서울북부지방법원 2015.11.26 2015가단31510
건물명도등
Text

1. The defendant is against the plaintiffs.

Attached Form

delivery of 134.9 square meters per floor among real property indicated in the indication of real property;

(b) 9,800.

Reasons

Comprehensively taking account of the purport of the entire pleadings in the statement in Evidence Nos. 1 and 2, D entered into a lease contract with the Defendant on June 5, 2014, setting the lease deposit of KRW 30 million, monthly rent of KRW 280,000 (value added tax 2.80,000), from June 13, 2014 to June 12, 2016, and thereafter, the Plaintiffs succeeded to the instant lease contract on February 27, 2015, and the Plaintiffs failed to receive a rent from the Defendant on March 3, 2015 to June 24, 2015, it can be acknowledged that the Defendant notified the Defendant that the lease contract was terminated by at least 2 years on the ground that the lease was terminated by proof of the content of the lease contract.

According to the above facts, the lease contract on the store of this case was lawfully terminated by the delivery of the above contents certification containing the intention of termination, and thus, the defendant is obligated to deliver the store of this case to the plaintiffs.

In addition, the Defendant is obligated to pay 3,80,000 won per month to the Plaintiffs at the rate of 3,880,000 won per month (=the amount of value-added tax KRW 2,80,000,000,000) from November 14, 2015 to November 14, 2015, due to the rent or the Defendant’s use or profit-making of the instant store without any legal cause even after the termination of the lease contract.

Therefore, the plaintiffs' claims of this case are with merit, and it is decided as per Disposition by admitting them.

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