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(영문) 수원지방법원 2018.05.03 2017가단28821
건물명도등
Text

1. The defendant's successor to the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

B. From October 20, 2017

Reasons

Facts of recognition

On September 27, 2016, with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), between the Defendant and the Defendant, the Plaintiff (Withdrawal) concluded the lease agreement with the amount of KRW 20 million per month, the lease deposit amount of KRW 120 million per month, and the lease term of KRW 120 million per month, October 24, 2018. The Defendant started business with the lease deposit of KRW 10 million and the monthly rent of KRW 1200,000 per month, and exempted the Defendant from the rent for three months, and additionally pays KRW 10,000,000 after three months, the period of exemption from the rent shall be extended by two months, but if the Defendant did not additionally pay the above KRW 130,000 per month, the lease agreement was concluded so that the Plaintiff (the Plaintiff) may cancel the lease agreement (hereinafter “instant case”).

On October 25, 2016, the delivery date stipulated in the instant lease agreement, the Defendant moved into the instant real estate and commenced convenience store business. On January 25, 2017, the period of three months thereafter, the instant lease agreement became final and conclusive only by KRW 10 million as lease deposit and KRW 130 per month as of January 25, 2017.

The Plaintiff (Withdrawal) filed the instant lawsuit seeking the delivery of the instant real estate and the payment of the unpaid rent on the ground that the Defendant paid only the rent for February 2017 and did not pay the rent thereafter. A copy of the instant complaint reached the Defendant on September 28, 2017.

The Plaintiffs’ succeeding intervenor purchased the instant real estate from the Plaintiff (Withdrawal) on September 23, 2017, and completed the registration of ownership transfer on October 20, 2017, and the Plaintiff (Withdrawal) retired during the proceeding of the instant lawsuit.

On the other hand, the defendant is running a convenience store in the real estate of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings.

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