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(영문) 춘천지방법원속초지원 2020.01.10 2019가단201404

건물명도(인도)

Text

1. For the plaintiffs:

A. Defendant D and E jointly deliver the second floor of 181.16 square meters among the buildings listed in the separate sheet, and B.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “G”) completed registration of initial ownership on April 12, 2017 as to the buildings listed in the separate sheet.

B. Around November 2017, G entered into a lease agreement with Defendant D and E (hereinafter “Defendant D, etc.”) on a deposit of KRW 181.16 square meters on the second floor (hereinafter “instant building”) among the buildings listed in the separate sheet, with KRW 50 million, monthly rent of KRW 2.3 million, and the period from December 28, 2017 to January 3, 2020 (hereinafter “the instant lease agreement”). At that time, G transferred the instant building to Defendant D, etc.

C. On May 16, 2018, the Plaintiffs purchased the buildings listed in the separate sheet from G and completed the registration of ownership transfer based on such purchase on July 16, 2018 (including Plaintiff A’s shares 2/4, Plaintiff B, and C shares 1/4), and succeeded to the lessor status under the instant lease agreement as they are.

Defendant D, etc., up to June 2, 2019, delayed payment of KRW 12,650,000 (=2,530,000 (=2,300,000 additional tax) x 5 months).

E. The Plaintiffs expressed their intent to terminate the instant lease agreement with Defendant D, etc. on the grounds of the foregoing delay, by serving a content certification (as of April 22, 2019, May 10, 2019) and a duplicate of the instant complaint.

F. At present, Defendant F (Defendant D’s mother) occupies the instant building.

[Ground of recognition] B between the Plaintiff and Defendant D, etc.: The fact that there is no dispute between the Plaintiff and Defendant F, each of the statements (including branch numbers), and the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was terminated due to the delayed rent of Defendant D, etc., the defendant D, etc. shall jointly and severally (see Articles 654 and 616 of the Civil Act; hereinafter the same shall apply) deliver the building of this case to the plaintiffs, and the defendant F shall leave the building of this case from the building of this case, and the defendant D, etc. shall be jointly and severally liable for unjust enrichment equivalent to rent or rent.