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(영문) 서울중앙지방법원 2020.12.15 2020가단5142694

건물명도

Text

The defendants shall deliver to each of the plaintiffs the five floors of 296.91 square meters among the buildings listed in the attached list.

The costs of lawsuit.

Reasons

1. Basic facts

A. On February 23, 2019, the Plaintiffs and Nonparty E leased the five floors of the building indicated in the order to the Defendants as of December 23, 2019 from December 23, 2019 to December 23, 2022, the lease deposit amount of KRW 100 million, and KRW 8 million in monthly rent (excluding surtax) respectively.

According to the above lease agreement, the plaintiffs can terminate the above lease agreement without a separate notice if the defendants have failed to pay rent more than three times.

B. The Defendants did not pay the rent at all after the above lease agreement, and the above lease agreement was terminated on the grounds of overdue rent by serving a duplicate of the complaint of this case.

[Grounds for Recognition: entry of Evidence Nos. 2 and 3, and the purport of the whole pleadings]

2. The right to claim the return of the leased object by a joint lessor upon the termination of the lease agreement constitutes an indivisible claim in its nature, and each obligation of the joint lessee to return each object is indivisible. Thus, according to the above facts of recognition, the Defendants are obligated to deliver each of the plaintiffs to the five floors of the above building.

3. In conclusion, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition.