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(영문) 서울중앙지방법원 2019.10.10 2019가단5014854

건물명도(인도)

Text

1. The Defendants jointly do so to the Plaintiffs:

A. Two underground floors of tourist hotels located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government.

Reasons

1. The Plaintiffs’ determination as to the cause of the claim are the co-owners of the hotel indicated in the order and renewed the lease agreement concluded with Defendant J (hereinafter “Defendant J”) on October 5, 2018 with respect to the whole of the above hotel as of May 4, 2015, and the leased object is 413.15 square meters (hereinafter “instant real estate”); the term of the contract is 30 million won from November 1, 2018 to October 31, 2021; the monthly rent is 30 million won (excluding value-added tax of 10%; from November 1, 2018 to November 1, 201; and payment of value-added tax of 100,000 won as of November 1, 2018 to 300,000 won (hereinafter “instant lease agreement”); and the Defendants are 250,000,000 won (hereinafter “Defendant J”) under the name of the said Defendants and 108, 15.25.

4. 5.3 million won, Defendant K’s name only paid the rent of KRW 1.4 million out of the rent of KRW 26.4 million until June 30, 2019, including the rent of KRW 5 million until March 13, 2019, and Defendant K paid the rent of KRW 1.4 million thereafter, the fact that the Plaintiff and Defendant J delayed payment of the rent of KRW 3,000,000 shall be deemed to have been led to confession under Article 150(3) of the Civil Procedure Act, and the overall purport of each of the statements and arguments set forth in subparagraphs 1 through 5 may be acknowledged, and there is no counter-proof, and the fact that the copy of the complaint of this case containing the purport that the lease of this case would be terminated on the grounds that the payment of the rent of KRW 3,00,000 was delayed at least, is apparent in the record that the Defendants finally reached on May 1, 2019.

According to the above facts, since the contract of this case was lawfully terminated on the grounds that the Defendants failed to pay three or more rents, the Defendants jointly delivered the instant real estate to the Plaintiff, and as requested by the Plaintiffs, delivered the instant real estate on June 30, 2019.