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(영문) 수원지방법원안양지원 2020.06.26 2019가단10369

건물인도 등

Text

1. The defendants jointly and severally deliver to the plaintiff the real estate listed in the separate sheet.

2. The defendant agricultural company.

Reasons

1. Basic facts

A. On November 30, 2018, the Plaintiff agreed to the Defendant Incorporated Incorporated Company B (hereinafter “Defendant B”) to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) with the deposit amount of KRW 4 million, KRW 550,000,000, and KRW 550,000,000 (including value-added tax), and the period from November 30, 2018 to November 29, 2020, the Plaintiff agreed to the special agreement that “Defendant B did not object to any measure taken by the Plaintiff at the time of arrears of the two vehicles, and Defendant C’s agent will be jointly and severally liable for all the matters pertaining to Defendant B.”

B. On the same day, the Plaintiff also leased the instant real estate to Defendant C by setting the deposit amount of KRW 1 million, the period from November 30, 2018 to November 29, 2020. In the special agreement, the Plaintiff agreed to the effect that “Defendant C does not raise any objection against the Plaintiff’s measures at the time of delinquency of the rent of Defendant B and the rent of one’s own two specifications, and is liable to pay without delay of monthly rent of Defendant B. Any damage under the Defendant B contract should not occur due to the need of Defendant C, and all liabilities for Defendant B should be borne by Defendant C, and when additional taxes are imposed on the Plaintiff.”

C. From November 30, 2018 to November 29, 2019, Defendant B delayed payment of KRW 6.6 million. Upon delivery of a duplicate of the instant complaint, the Plaintiff expressed his/her intent to terminate each of the above lease agreements on the grounds that the Defendants’ failure to pay rent for at least two years.

[Reasons for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, each entry of Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. According to the facts of the above recognition, since each of the above lease agreements was lawfully terminated on the grounds of the defendants' delinquency in payment of rent for at least two years, the defendants are jointly obligated to deliver the real estate of this case to the plaintiff, and the defendant B is obligated to deliver the real estate of this case to the plaintiff.