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(영문) 수원지방법원안산지원 2016.01.13 2015가단17814

건물인도 등

Text

1. The Defendants’ respective Plaintiff

A. An appraisal map in the attached Form 3, 5, 6, 7, among the 264.12 square meters of the 1st floor of the building indicated in the attached list.

Reasons

1. Basic facts

A. On October 4, 2012, the Plaintiff ordered Defendant B to do so.

On October 20, 2014, the Plaintiff may terminate the lease contract if the building indicated in paragraph (1) (hereinafter “instant building”) is leased by setting the lease deposit amount of KRW 35,000,000, monthly rent of KRW 2,100,000, and the lease term of KRW 2,100,000, and Defendant B was in arrears on at least two occasions, and Defendant B agreed to recover the instant building to its original state and return it upon termination of the lease contract.

(hereinafter “instant lease agreement”). B.

The Defendants, while operating a restaurant in the instant building, occupied and used the instant building.

C. The Defendants paid the difference to the Plaintiff, as shown in the attached Form D Rent.

The Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds of the delinquency of two or more rents, through the content-certified mail as of June 15, 2015, and via the instant complaint, etc., respectively. The Defendants received such notification around that time.

【Defendant B’s ground for recognition】 Defendant B: (Article 150(2) of the Civil Procedure Act) Defendant C: The fact that there is no dispute, each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was terminated on June 2015 due to the delayed rent of two or more rents by Defendant B, the lessee, and unjust enrichment due to the possession and use of the instant real estate is KRW 2,100,000 per month, which is the amount equivalent to the rent for the instant building.

Therefore, the Defendants, a joint occupant of the instant building, are obligated to deliver the instant building to each Plaintiff, and pay unjust enrichment calculated by the ratio of KRW 2,100,000 per month from July 1, 2015 to the completion date of delivery of the instant building. Defendant B is obligated to pay to the Plaintiff KRW 9,450,000 as overdue rent up to June 2015.

B. The Plaintiff asserts that Defendant C also has the duty to pay the overdue charge up to June 2015.

However, if any,