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(영문) 서울남부지방법원 2017.06.23 2017가단2476
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver a total of 475 m22,00 square meters of each real estate listed in the separate sheet;

B. Defendant A is seven.

Reasons

1. The following facts do not conflict between the parties or can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 to 3-10.

The Plaintiff is the owner of the total of 602 to 611 G building in Yeongdeungpo-gu Seoul Metropolitan Government and the total of 475.55 square meters (hereinafter “instant real estate”).

B. On September 26, 2016, the Plaintiff entered into a lease agreement with Defendant A (hereinafter “instant lease agreement”) with a lease deposit of KRW 100,00,000,000 for the instant real estate; KRW 14,300,000 for each month of rent; the end of each month of the monthly rent; the contract period from October 10, 2016 to 24 months; and the Plaintiff received KRW 50,000,000 for the contract date; and the remainder amount of KRW 50,000 for the contract date was to be received until February 28, 2017.

C. On October 28, 2016, the Plaintiff added Defendant B as a lessee of the instant lease agreement upon Defendant A’s request.

On the other hand, Defendant C and Defendant D Committee are occupying and using the instant real estate.

E. Defendant A, etc. paid the monthly rent until October 2016, and did not pay the subsequent monthly rent. The Plaintiff terminated the said lease by delivering a copy of the complaint of this case on the grounds that the Plaintiff was not paid at least two years of rent.

F. From KRW 50,00,000 to KRW 50,000, the Plaintiff deducted from the monthly rent for four months from November 2016 to February 2017.

2. The assertion and judgment

A. Determination as to the claim against Defendant A and B. The Plaintiff entered into the instant lease agreement with the said Defendants and the Defendants not less than two months’ monthly rent. The Plaintiff’s delivery of a duplicate of the instant complaint to the Plaintiff, as seen earlier, terminated the said lease agreement.

Defendant B, even though the Plaintiff was in the process of a lawsuit for the delivery of real estate with another lessee, has leased the instant real estate twice, and the Plaintiff unfairly obstructed Defendant B’s business, etc. for three months.

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