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(영문) 서울서부지방법원 2015.12.16 2015가단218160

건물명도

Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) Joint and several occasions from April 2, 2015.

Reasons

The Defendants jointly leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff on November 9, 2013 as KRW 30,000,000, monthly rent 4,070,000. The Defendants changed the lease deposit amount to KRW 40,000, monthly rent 4,000 (if the additional tax is included in separate calculation, KRW 4,40,000,00) after one year, the Plaintiff agreed to terminate the lease contract at the time of delayed payment twice or more of the lessee; the Defendants were unable to pay the lease deposit amount to the Plaintiff on March 2, 2015 and April 2, 2015; the Plaintiff’s intent to terminate the lease contract after the lapse of April 23, 2015 to the extent that the Defendants had exercised the right to termination of the lease contract from the Plaintiff on the ground of the foregoing two occasions; and the Defendants’ intent to terminate the lease contract from the date of late April 23, 2015.

According to the above facts of recognition, the above lease agreement between the plaintiff and the defendants on the real estate of this case was terminated by the termination of April 23, 2015, and on the other hand, the amount equivalent to the future rent of the real estate of this case is expected to be the same as the monthly rent of this case.

Therefore, the Defendants are jointly and severally obligated to deliver the instant real estate as an obligation following the termination of the lease agreement to the Plaintiff, and to pay the amount of money calculated at the rate of KRW 4,400,000 per month from April 2, 2015 to the above delivery date, as the Plaintiff’s claim against the Defendants seeking such payment is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.