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(영문) 수원지방법원평택지원 2019.01.25 2018가단59647
건물명도(인도)
Text

1. The plaintiffs' primary claim against Defendant C is dismissed.

2. Defendant D Co., Ltd. shall be the plaintiffs, A.

Reasons

1. Facts of recognition;

A. The plaintiffs are co-owners of Pyeongtaek-si F ground Gdong (Groundly 4 neighborhood living facilities) and Hdong living facilities on the ground of Pyeongtaek-si F, who leased the part I of G second floor among the above neighborhood living facilities (hereinafter "instant commercial building") to Defendant D Co., Ltd., and Defendant D Co. is the tenant of the instant commercial building, and Defendant C is the representative director of Defendant D Co., Ltd.

B. On August 25, 2017, the Plaintiffs concluded a lease agreement between the Plaintiffs and Defendant D Co., Ltd. leased the instant commercial building to Defendant D Co., Ltd on the following terms (hereinafter “instant lease”).

Lease deposit: 10 million won, monthly rent: 90,000 won (excluding value-added tax), management expenses, 150,000 won shall be paid separately, and the rent shall be paid in advance on the first day of each month: From August 25, 2017 to August 25, 2019.

C. On the other hand, around September 11, 2017, Defendant D Co., Ltd. paid to the Plaintiffs the lease deposit of KRW 10 million (the replacement to pay the lease deposit in advance on the 11st day of each month) and did not pay the rent and management expenses from January 11, 2018.

(2) On August 6, 2018, the Plaintiff filed the instant lawsuit on the premise that Defendant C is a party to the instant lease agreement, which included a declaration of intention to terminate the instant lease agreement on the grounds of delinquency in rent. On October 29, 2018, the Plaintiff filed an application for additional co-litigants to add Defendant D Co., Ltd as a party to the instant lease agreement, and on November 23, 2018, the Plaintiff reached Defendant D Co., Ltd. on or around November 23, 2018.

Defendant D Co., Ltd. on the one hand, on the other, possession and use of the commercial building of this case.

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