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(영문) 수원지방법원 2020.09.17 2019나79954
전부금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

A. On May 2, 2017, the Defendants entered into the instant lease agreement with D (hereinafter “D”) with respect to the building E and F of Sejong Special Self-Governing City (hereinafter “instant commercial building”) as follows (hereinafter “instant lease agreement”).

The lease period: Where a lessee has failed to pay a monthly rent of at least two months from May 1, 2017 to April 30, 2022 (60 months), the lessor may terminate the contract.

A lessee shall not use the leased commercial building for any purpose other than that for the private teaching institute facilities (GH).

[Matters of the special agreement] Rent is exempted for the lessee from rent exemption period for four months from the beginning date of lease.

The first rent payment date is September 1, 2017.

B. D leased both the instant commercial building H through I, including the instant commercial building, and operated the G Research Institute. From April 2018, D did not delay that it was a monthly rent under the instant lease agreement.

C. On August 6, 2018, the Defendants filed a lawsuit against D against Daejeon District Court 2018Kadan218509 against D seeking payment of the instant commercial building’s delivery and overdue rent, etc. In the said complaint, the Defendants expressed their intent to terminate the instant lease contract on the ground of the rent delay, and the said complaint was served on D on August 10, 2018.

D On August 2018, 2018, the Daejeon District Court opened and removed the instant commercial building by opening the entrance and exit door. On August 27, 2018, at the time when the execution officer of the Daejeon District Court visited the instant commercial building for corporeal movables auction, the door of the instant commercial building was opened, and it was confirmed that it was a public room.

E. Meanwhile, on September 18, 2018, based on the No. 655 of the No. 655 of the No. 1999, the Plaintiff, who was an executory notary public’s J office, appointed the debtor D and the garnishee as the Defendants by Daejeon District Court No. 2018, Sept. 18, 2018.

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