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(영문) 의정부지방법원 2019.04.04 2018나211212
건물명도(인도)
Text

1. The defendant assistant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor joining the defendant.

purport.

Reasons

1. Facts of recognition;

A. The Plaintiffs’ registration of the land indicated in the separate sheet No. 1) The Plaintiffs are the land indicated in the separate sheet No. G from G (hereinafter “instant land”).

(2) On October 30, 2017, the Plaintiff purchased each share of 496/992 (each share of 1/2) and completed the registration of ownership transfer in the name of the Plaintiffs. (2) The Plaintiffs succeeded to the lease agreement with G or H as follows:

B. On July 29, 2016, the Defendant concluded a lease agreement with H on the following grounds: (a) the lease deposit amount of KRW 3 million; (b) monthly rent of KRW 680,000 (including water supply; (c) monthly rent of KRW 29,000; and (d) the period from July 29, 2016 to July 29, 2016 (hereinafter “instant lease agreement”).

(2) In concluding a contract, the Defendant (or the Defendant’s Intervenor’s Intervenor’s Intervenor asserted that he is the actual lessee of the instant vinyl, and participated on behalf of the Defendant. Of the Defendant’s and the Defendant’s Intervenor’s Intervenor’s Intervenor, whether a restaurant is operated in the actual possession of the instant vinyl does not affect the conclusion of the instant case. As such, the instant agreement does not affect the conclusion of the instant case.) while operating the restaurant at the instant vinyl, the Defendant’s Intervenor did not pay the tea from November 2016, when operating the restaurant at the instant vinyl.

(Plaintiffs asserted in the complaint that the Defendant delayed the monthly rent from November 2016, and that the Defendant delayed from September 16, 2018 in the preparatory document as of May 16, 2018, but asserted that the Defendant did not again pay the rent from November 2, 2016, which was submitted in the instant appellate brief as of March 12, 2019, again from the preparatory document as of March 12, 2019 that was submitted in the instant appellate brief. Since the Defendant’s supplementary intervenor stated that the monthly rent was three times at the date of the second instance trial, it is recognized that the Plaintiff did not pay the rent from November 201).

H’s notice of termination of the instant lease agreement, and

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