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(영문) 대전지방법원 천안지원 2018.02.14 2017가단107595
기타(금전)
Text

1. The remaining Defendants except Defendant E are the Defendant indicated in the column for the date of payment in the attached Table 4 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff owns 3/10 shares among the real estate listed in the attached Table 1 list (hereinafter “instant real estate”), and the Plaintiff’s husband L owns 7/10 shares among the instant real estate.

B. The Plaintiff and L entered into a lease agreement with the Defendants on the pertinent real estate among the instant real estate, as indicated in the separate sheet No. 4.

(hereinafter “each of the instant lease agreements”) C.

The Defendants are paying LA the tea according to each of the instant lease agreements.

On January 8, 2018, Defendant E agreed to terminate the lease agreement on the real estate listed in paragraph (4) in the attached Table 2 list, and received KRW 150 million from L after delivery of the said real estate to L.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 2 (including additional number; hereinafter the same shall apply), Eul evidence 4, Eul evidence 5 video, the purport of whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the remaining Defendants, except Defendant E, are obligated to pay the Plaintiff, a joint lessor of the instant lease agreement, the amount indicated in the column for share amount in the attached Table 4, calculated by the Plaintiff’s share ratio among the rent under each agreement.

However, the plaintiff did not dispute that the defendants paid rent to L by the date of the closing of argument in this case, and reduced part of the claim, and agreed to pay the rent to the defendant B fisheries cooperatives (one day), FG (30 day prepaid), I (15 days prepaid), J (15 days prepaid), and K (13 days prepaid) in advance. Thus, it is reasonable to determine that the above defendants pay the rent to the plaintiff from the day after the expiration of the period of rent of the last rent paid before the date of the closing of argument in this case as shown in the attached Table 4 as of the initial date for each defendant listed in the attached Table 4.

Therefore, the remainder except Defendant E.

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