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(영문) 의정부지방법원 2016.11.24 2016나51157
건물명도 및 차임지급
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is co-defendant B of the first instance trial on May 24, 2010 (hereinafter “B”).

) The term “the instant building is determined as KRW 5,00,000, monthly rent of KRW 300,000 (payment on May 10, 201), and the term of lease from May 25, 2010 to June 30, 2012, the Plaintiff shall pay KRW 5,00,000 to the facility premium if a director must be a director against B’s will within 5 years after the contract was concluded, and the lease agreement shall be automatically terminated if the former is two consecutive arrears, and the latter shall not claim the facility premium” (hereinafter “instant lease”).

(2) From September 201, 201, B paid 600,000 won, which is part of the overdue rent, to the Plaintiff on February 24, 2012.

3) On April 21, 2015, the Plaintiff notified the termination of the instant lease agreement to B, “The purport that the instant lease agreement will be terminated on May 24, 2015 on the ground of rent delay.” 4) The Defendant, together with B, is residing in the instant building until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 3 (including paper numbers)

B. According to the above facts of determination, the instant lease agreement was terminated on May 24, 2015 by the Plaintiff’s notice of termination on the grounds of delinquency in rent for at least two years. Thus, barring any special circumstance, the Defendant, who occupied the instant building together with B, who is the lessee of the instant building, is obligated to leave the instant building to the Plaintiff, a lessor of the instant building.

2. Judgment on the defendant's assertion

A. On February 18, 201, the Defendant’s assertion, etc.: (a) paid KRW 200,000 to E, who is the Plaintiff’s seat on February 18, 201, and KRW 1,00,000 to the Plaintiff around September 2013; and (b) even if the Defendant, with the Plaintiff’s consent on March 2014, set a part of the instant building to F and sub-let it to F at KRW 250,000, F for a period of 25 months.

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