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(영문) 수원지방법원성남지원 2016.01.15 2015가단216207
건물명도
Text

1. Defendant C:

(a) deliver all the first floor of the real estate listed in the separate sheet;

(b) 7,950,000 won;

Reasons

1. Basic facts

A. On July 30, 2014, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the entire number of KRW 101 of the first floor among the real estate listed in the attached Table as indicated in the attached Table (hereinafter “instant building”) as KRW 30 million, KRW 2.5 million per month, and the period from July 30, 201 to October 30, 2016, for lease (hereinafter “instant lease agreement”).

B. From May 7, 2011, the Defendants are running a joint business with the name of E in the instant building.

C. Around August 2014, the Defendants demanded repair to the Plaintiff that water was leaked in the instant building. On September 23, 2014, Plaintiff A sent the said repair to the Plaintiff Company as one of the stock companies.

In addition, the plaintiffs and the defendants decided to exempt 1.5 million won from the rent for October 2014.

From August 2014, Defendant C did not pay or paid only part of the rent to the Plaintiffs. As of June 2015, Defendant C did not pay 7.95 million won as of June 2015.

E. (1) On August 13, 2015, Plaintiff A sent to Defendant C a notice of termination of a lease agreement and a certificate of the content of the claim for delivery of a building that the lease agreement would be terminated by delaying the obligation to pay the rent at KRW 10.7 million, and the content of the above content certification reached Defendant C on August 17, 2015. (2) On August 19, 2015, Plaintiff B sent to Defendant C a proof of the content of the claim for termination of the lease agreement and the claim for delivery of the building that the lease agreement would be terminated by delaying the obligation to pay the rent at KRW 10.7 million. The above content certification reached Defendant C on August 20, 2015.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 7, the purport of whole pleadings

2. Determination

A. According to Article 10-8 of the Commercial Building Lease Protection Act, when the annual rent of a lessee reaches the three-year rent, the lessor may terminate the contract, and the case is.

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