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(영문) 수원지방법원 2015.06.25 2014가단32669
건물명도 등
Text

1. The Defendants deliver three floors among the real estate listed in the separate sheet to each Plaintiff, and the Defendants from December 1, 2013.

Reasons

1. Facts of recognition;

A. On January 2010, the Plaintiff leased to E all the three-storys of the attached list (hereinafter “instant leased parts”) of KRW 50,000,000 for lease deposit, KRW 2,600,000 for rent, KRW 462,00 for management expenses (which shall be paid in advance and in advance, and payment shall be made on the 30th day of each month, the payment date for rent and management expenses shall be paid in advance, and the overdue payment shall be paid in 24 months), and the term of lease shall be 24 months, respectively.

B. The Defendants acquired the right of lease as to the leased portion of the instant lease from E, and the Plaintiff and the Defendants concluded a lease agreement with the term of lease by November 30, 201, setting the lease deposit, the amount of rent and management expenses, etc. as stated in the said lease agreement, and the method of payment, etc. thereof (hereinafter “the lease of this case”).

C. The Defendants continued to engage in business until July 2014, while paying the rent and management fee as indicated in the following table, and Defendant B registered as F on April 1, 2012, and the trade name of the said company changed to G on January 1, 2013. The rent and management fee set forth in the table Nos. 5, 6, and 9 were deposited in the name of the said company;

Since then, the store was closed.

The amount of payment No. 1 on November 3, 201 3, 368, 200 on February 27, 201; 3,367,80 on February 27, 2012; 3,368,00 on April 7, 2012; 3,368,00 on June 7, 2012; 5,368,200 on July 3, 2012; 3,368; 2006 August 7, 2012; 336,807; 807, Oct. 5, 200; 19; 10,000,000; 20,000,000 on April 19, 200; 20, 2009; 37,8, 2013, etc. on July 30, 2013;

D. The Defendants’ unpaid arrears, rent, and management fees by November 30, 2013 are KRW 49,959,487, such as the details of calculation of appropriation for repayment in attached Form.

[Ground of recognition] The non-contentious facts, Gap 1, 3 through 8's statements, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the defendants delivered the leased part of this case to each of the plaintiff, and each of the plaintiff 3,368, which is equivalent to rent and management expenses.

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