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(영문) 수원지방법원 2015.09.25 2015가합60422
건물명도
Text

1. The Defendants shall order each of the pertinent buildings listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff concluded each lease agreement with the Defendants (hereinafter “instant lease agreement”) as follows.

1) On October 29, 2013 between Defendant A and Defendant C, as to the building listed in paragraph (2) of the Attached Table No. 2, 58,79,000 (personal portion: KRW 2,693,00) and monthly rent of KRW 468,210 as to the building listed in paragraph (6) of the Attached Table No. 6, November 28, 2013, between Defendant B and Defendant C, KRW 27,221,00 (personal portion: KRW 1,246,00), monthly rent of KRW 22,08,000, KRW 226,480 as to the building listed in the Attached Table No. 9 of the Attached Table No. 2, KRW 208, KRW 1,000 as to the rental deposit of KRW 20,000 as to the building listed in the Attached Table No. 9, KRW 200, KRW 1,000, KRW 205, KRW 136,20194 and KRW

B. When the Plaintiff entered into the instant lease agreement with the Defendants, the Plaintiff agreed to enter into a contract or renewal contract on a two-year basis from the first occupancy date.

C. Under the instant lease agreement, the Defendants, the lessee, agreed to pay the rent of each of the above buildings to the Plaintiff by the end of each month (Article 1 of the General Conditions of Contracts). If the lessees have continuously failed to pay the rent for at least three consecutive months, the Plaintiff agreed to terminate the instant lease agreement.

(Article 10. d. of the General Terms of Contracts)

However, the Defendants up to January 2015, Defendant A paid the rent of KRW 2,937,370 for seven months, Defendant B paid the rent of KRW 1,364,970 for six months, Defendant C paid the rent of KRW 1,224,915 for six months, Defendant D paid the rent of KRW 1,067,490 for six months, and Defendant E paid the rent of KRW 1,475,150 for eight months.

E. Accordingly, the plaintiff did not pay rent for more than three consecutive months as the service of a copy of the complaint of this case against the defendants.

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