beta
(영문) 대전지방법원천안지원 2020.06.17 2019가단120042

건물인도

Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) 5,248,150 Won and its corresponding;

Reasons

1. Facts of recognition;

A. The Plaintiff leased to Defendant B the real estate listed in the attached list (hereinafter “instant building”) KRW 10,00,000 for lease deposit, KRW 950,00 for monthly rent, and KRW 2 years for lease. Defendant C jointly occupied the instant building with Defendant B.

B. From February 2019, Defendant B delayed the payment of rent, and the Plaintiff expressed to Defendant B the intent to terminate the instant lease agreement.

C. The Defendants did not pay KRW 14,150,00 for rent in arrears until April 2020; KRW 1,097,880 for management expenses; and KRW 15,248,150 for gas expenses.

[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 14, and the purport of the whole pleadings]

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination due to the plaintiff's declaration of termination due to the delinquency in the rent of the defendant B, the defendants jointly have the obligation to deliver the building of this case to the plaintiff, and pay jointly the amount of 5,248,150 won calculated by deducting 10,000 won from total of 15,248,150 won such as overdue rent and management expenses, etc., and the amount of 5,248,150 won, which is the day following the delivery of the copy of the application for modification of the purport of this case's claim from May 8, 2020 to the day of complete payment, the delay damages calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 21, 2020 to the day of delivery of the building of this case.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.