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(영문) 서울북부지방법원 2016.05.03 2015가단123860

건물명도

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

(a) Attached drawings among the first floor of the building indicated in the attached list, shall be indicated in (1), (2), (3), and (4);

Reasons

1. Basic facts

A. On August 18, 2014, the Plaintiff entered into a lease agreement with the Defendants on the deposit amount of KRW 20 million with respect to the lease deposit of KRW 56.10 square meters (hereinafter “instant building”) on the first floor of the building listed in the attached list owned by the Plaintiff as indicated in the attached Table No. 1, (2), (3), (4), and (56.10 square meters (hereinafter “instant building”) among the buildings listed in the attached list owned by the Plaintiff, with respect to the lease deposit of KRW 20 million, from August 26, 2014 to August 24, 2014, and the lease deposit of KRW 10 million is paid at the time of delivery of the said building, and the remainder of KRW 10 million shall be paid by not later than February 28, 2015 or August 18, 2015, and shall be paid in KRW 500,000 per month until the remainder of the lease deposit is paid.

B. On August 26, 2014, the Defendants agreed to pay to the Plaintiff KRW 8 million out of KRW 10 million, which was to be paid first, and instead, to pay the remainder of the lease deposit to the Plaintiff KRW 520,000 per month until the remainder of the lease deposit is paid.

C. The Defendants received the instant building on August 26, 2014, but paid only monthly rent for one-month thereafter, and did not pay the monthly rent until now.

Meanwhile, from January 2015 to July 2015, the Plaintiff paid on behalf of the Defendants the total of KRW 140,850, and the total of KRW 468,350 from December 2, 2015 to February 2016.

E. On September 6, 2015, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the following two or more vehicles of the Defendants by serving the duplicate of the instant complaint, and the duplicate of the instant complaint reached the Defendants respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition of the above claim for unjust enrichment of the building delivery and the monthly rent or the rent party, the instant complaint containing the Plaintiff’s intent to terminate the instant lease contract on the ground of the Defendants’ delayed rent.