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(영문) 서울동부지방법원 2015.12.09 2015나1637
건물명도 등
Text

1.In accordance with the amendment of claims in the trial of the first instance, paragraph 3 of the text of the judgment shall be amended as follows:

2. The Plaintiff

Reasons

1. As to the cause of claim

A. On January 26, 2011, the Plaintiff: (a) leased the instant building to Defendant B (hereinafter “instant lease”); (b) around February 8, 2011, between February 201 and February 7, 2012, Defendant B did not pay rent and management expenses from July 201; and (c) on June 7, 201, Defendant C (hereinafter “Defendant Company”) established the instant building with the location of its principal office as the Defendant Company (hereinafter “Defendant Company”); and (d) sublet the instant building to the Defendant Company without permission.

3) On October 30, 2013, the Plaintiff notified Defendant B of the termination of the instant lease on the grounds of delinquency in rent and management expenses. (4) On March 10, 2015, the Plaintiff received delivery of the instant building from the Defendants on a provisional execution based on the original judgment of the first instance court on March 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, and 11, the purport of the whole pleadings

B. The lease of this case 1) terminated 2 times after the expiration of the term of the lease of this case. Upon Defendant B’s notice of termination of the lease of this case on the ground of the delay in rent of the Plaintiff, the lease of this case was terminated on October 30, 2013, and terminated on the ground of Defendant B’s notice of termination on the ground of the delay in rent of rent of this case. The Defendants: (a) there was any defect in the building of this case, which caused water inundation on the balcony of the building of this case; and (b) damage was inflicted on the computers and office equipment owned by the Defendant on the wind where the building of this case is flooded; and (c) around that time, Defendant B asserted that the lease of this case was terminated by demanding the Plaintiff to pay deposit money and damages; and (d) according to each written statement in subparagraphs 4 and 5, Defendant B claimed that Defendant B suffered damage due to water damage on the Plaintiff around August 201, and did not use the building of this case; (b) the lease of this case alone can be acknowledged.

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