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(영문) 대구지방법원포항지원 2016.08.09 2015가단305113
건물명도
Text

1. Defendant F shall:

A. It delivers 120 square meters (trade name: I) among the real estate listed in the attached list to the plaintiffs, and B.

Reasons

1. Facts of recognition;

A. On December 5, 2014, the Plaintiffs, J, and K, as the children of the deceased L (hereinafter referred to as the “the Deceased”), received on December 23, 2015 the ownership transfer registration of the said land by inheritance of one-seven (1/7 shares of the ownership of the 234 square meters in North-gu Ma-gu, Northern-si, and completed the registration of ownership transfer of the said land on February 23, 2015. The registration of ownership transfer was completed on February 23, 2015, by 1/7 shares in respect of the real estate listed in the attached Form on the ground (hereinafter referred to as “instant building”).

B. 1) On October 15, 2013, Defendant F entered into a lease agreement with the deceased LA (agent J) on the part of the commercial building of 120 square meters (i) among the instant building, with a deposit of KRW 20 million, KRW 2 million per month (the 15th day of each month, the 15th day of the 15th day of the 2000,000 monthly rent), and between October 15, 2013 and October 15, 2015, and the lessee continues to delay the payment of rent at least twice, the lessor agreed to immediately terminate the lease agreement (hereinafter “instant lease agreement”).

(2) On January 27, 2015, Defendant G and H agreed to terminate the contract immediately if the lessee fails to pay rent more than twice in the name of Defendant G while entering into a lease agreement with the J on January 27, 2015 as to the commercial area of 45 square meters (including a new store, one-story store, one-story store) among the instant buildings, KRW 7 million per deposit, KRW 1 million per month of rent (30,000 per month of rent), and the term of lease from January 30, 2015 to January 30, 2017, the lessor agreed that the lease agreement may be terminated immediately if the lessee fails to pay rent at least twice (hereinafter “instant second lease agreement”). The above part of the commercial building was delivered through the common name of the first and second lease agreement.

C. From March 2015, after the Plaintiffs completed registration of preservation of ownership on the instant building, the Defendants did not pay to the Plaintiffs the difference corresponding to the Plaintiffs’ share among the respective rents stipulated in each of the instant lease agreements.

The Plaintiffs, on June 25, 2015, are Defendant F and H, the lessee, Defendant F and H.

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