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(영문) 울산지방법원 2019.06.13 2019가합308

부동산인도 등

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1. The defendant delivers each real estate listed in the separate sheet to the plaintiffs, and from March 16, 2019, the amount of KRW 27,680,00 and the above amount of KRW 16,00.

Reasons

1. Indication of claim;

A. On June 29, 2018, the Plaintiffs, co-owners of each real estate listed in the separate sheet (hereinafter “instant real estate”) leased the instant real estate to the Defendant by setting the deposit amount of KRW 50 million, KRW 3.6 million per month, KRW 3.6 million per month (excluding advance payment and surcharges on July 16, 2018), and the period from July 16, 2018 to July 15, 2020 (hereinafter “instant lease agreement”), and the Defendant received the instant real estate and used it as an office, etc. until now.

B. From July 2018 to February 2019, the Defendant paid 4 million won to the Plaintiff as the rent for the instant lease agreement, and did not pay the remainder, thereby resulting in the overdue rent of 27.68 million won (=3.96 million won x 8 months - 4 million won). The Plaintiffs expressed their intention to terminate the instant lease agreement on the ground that the Defendant was in arrears for more than three months through the instant complaint. The instant warden reached the Defendant on March 25, 2019.

C. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs following the termination of the instant lease agreement, and pay the amount calculated by the rate of KRW 3.960,000 per month as the overdue rent or unjust enrichment equivalent to the rent from March 16, 2019 to the completion date of delivery of the instant real estate.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;