beta
(영문) 수원지방법원성남지원 2017.06.21 2016가단28377

건물인도

Text

1. For the plaintiffs:

A. The Defendants deliver the buildings listed in the separate sheet;

B. Defendant C shall be KRW 3,500,000 and April 2016.

Reasons

1. Facts of recognition;

A. On September 29, 2014, Defendant C entered into a lease agreement with the Plaintiffs to lease the buildings listed in the separate sheet owned by the Plaintiffs (hereinafter “instant building”) by setting the lease deposit amount of KRW 5,000,000 per month, KRW 700,000 per month, the last day of each month of the rent payment, the last day of September 30, 2014, and the term of lease from September 30, 2016 to September 30, 2016 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, Defendant C paid the instant lease deposit to the Plaintiffs, and the Plaintiffs delivered the instant building to Defendant C.

C. However, Defendant C began to be in arrears from the beginning of the early 2016, and the Plaintiffs were the following: (a) on April 7, 2016, and on May 26, 2016, Defendant C’s each of the instant contents proof: “Inasmuch as the instant lease contract was terminated due to the failure to pay two or more rents, the instant building was immediately returned” to Defendant C; and (b) on February 2, 2016, Defendant C’s each of the instant contents proof.

A) Around that time, each of the instant content certifications was served on Defendant C. Nevertheless, the Defendants continued to reside in the instant building until now and refused to deliver it. On the other hand, as of November 30, 2016, Defendant C’s delayed rent or unjust enrichment equivalent to the rent amounting to KRW 3,500,000 is deemed as of November 30, 201. [Grounds for recognition] Defendant C: (i) the absence of dispute; (ii) the entry in the evidence Nos. 1 through 7; (iii) the purport of the entire pleadings; and (iv) the purport of the entire pleadings: deemed confession (Article 208(3)2 of the Civil Procedure Act).

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated at the time when each content certification of the instant case, stating the Plaintiffs’ intent to terminate the lease agreement on the grounds of the delinquency in payment of rent for at least two years by Defendant C, was delivered to Defendant C. Thus, the Defendants are obligated to deliver the instant building to the Plaintiffs, and Defendant C is obliged to deliver the instant building to the date of delivery from December 1, 2016 to the date of completion of delivery of the building.