beta
(영문) 인천지방법원 2015.12.10 2015가단26350

건물인도등

Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the separate sheet;

B. From September 8, 2014, the above buildings.

Reasons

Attached Form

On October 19, 2013, the plaintiffs holding 1/2 of their own shares in each of the buildings indicated in the list (hereinafter referred to as “instant building”) have leased the instant building to the defendant on the basis of a lease deposit of KRW 15 million, monthly rent of KRW 900,000,000 from November 8, 2013 to November 8, 2015. The defendant delayed payment of monthly rent to the plaintiffs from September 8, 2014 to September 8, 2015, and the plaintiffs expressed their intent to terminate the said lease on the ground of a monthly rent payment delay on March 9, 2015, and thus, there is no dispute between the parties.

According to the above facts, the above lease contract was terminated on March 9, 2015 when the plaintiffs' declaration of termination was delivered to the defendant.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs, and pay the overdue rent calculated by the ratio of 450,000 won per month from September 8, 2014 to the completion date of delivery of the building of this case (1/2 of the plaintiffs' shares x 90,00 won per month) and the unjust enrichment of the amount equivalent to the rent obtained by using and making profits from the building of this case.

Therefore, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.