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(영문) 수원지방법원 2013.04.30 2012가단103239
건물명도등
Text

1. The Defendants’ respective Plaintiff

A. To deliver the buildings listed in the attached list, and the Plaintiff attached from July 1, 2012.

Reasons

1. The following facts may be acknowledged in light of the evidence Nos. 1-1, 2, 2-1, 2-2, 3-1, 4, 5-1, and 5-2 of the evidence Nos. 1-1, 2, and 2-1, 5-1, and 5-2 of the court's fact inquiry and the whole purport of the arguments as a result of this court's inquiry and report to the

On July 1, 2008, the Plaintiff leased the instant building to Nonparty D on a deposit deposit of 30 million won and monthly rent of 2.5 million won (excluding value-added tax). Accordingly, the Plaintiff occupied and used the instant building.

B. On September 18, 2010, the Plaintiff and the said D concluded a lease agreement again by setting the lease period from September 20, 2010 to September 1, 2012, with a deposit deposit of 30 million won and monthly rent of 2750,000 won (excluding value-added tax).

C. On November 1, 2011, the Plaintiff and the above-mentioned E concluded a lease agreement with respect to the instant building under the condition that the above-mentioned D succeeds to the unpaid rents and taxes and public charges.

However, the above agreement also states that the Defendant B shall transfer its business without paying the unpaid rent, etc. on June 19, 2012. Around June 19, 2012, the agreement between the Plaintiff and the Defendant B, Defendant B entered into a lease agreement between the Plaintiff and the Defendant B, with the aggregate of the unpaid rent of KRW 36,325,00,000, unpaid electricity charges of KRW 1,507,340, and unpaid electricity charges of KRW 4,640,980 (hereinafter “the agreement on succession to the obligation of this case”). The building of this case was occupied and used by the Defendant B from July 1, 2012 to June 30, 2014 (hereinafter “the lease agreement of this case”).

E. Meanwhile, the instant agreement on the succession of obligations and the instant case.

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