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(영문) 광주지방법원 2020.05.19 2019가단542337

건물인도

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

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

(b) KRW 18,600,000; and

Reasons

1. Facts of recognition;

A. A. Around August 2018, the Plaintiff entered into a lease agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the real estate listed in the separate sheet (hereinafter “instant real estate”), with regard to the lease deposit of KRW 10 million, monthly rent of KRW 3.1 million (prepaid on August 16, 2018), and the lease term of KRW 3.1 million from August 16, 2018 to August 15, 2020 (hereinafter “instant lease agreement”). At the same time, the Plaintiff entered into a lease agreement with the Plaintiff that “if the lessee fails to pay monthly rent or management fee at least once, the lessor may request the management office to cut off the lease, and the lessee may not file a civil or criminal objection,” and the lessee shall not file a civil or criminal objection.

Meanwhile, at the time of the conclusion of the above lease agreement, Defendant C consented to the joint use of the above real estate with Defendant D Co., Ltd., E, F, and F, the remaining Defendants.

B. From June 16, 2019, the Plaintiff sent a document verifying the termination of the instant lease agreement to Defendant C on September 19, 2019, and the said content-certified mail reached the Defendant around that time.

[Ground of Recognition] Defendant D Co., Ltd., E: Defendant C, Inc., Ltd., under Article 150(3)(i) of the Civil Procedure Act: The absence of dispute, entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on September 2019 by the Plaintiff’s declaration of the termination of the lease agreement on the ground of arrears by Defendant C, and thus, the Defendants shall jointly and severally deliver the instant real estate to the Plaintiff, and the Defendants shall jointly and severally deliver the instant real estate from June 16, 2019 to November 16, 2019, and shall record that the delivery date of the copy of the complaint of this case is 18.6 million won (3.1 million won x 6 months x 6 months) and the next day following the delivery date of the copy of the complaint of this case from December 19, 2019 to the date of full payment.