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(영문) 제주지방법원 2017.11.03 2017가단109

건물명도(인도)등

Text

1. The Defendants jointly do so to the Plaintiff:

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

(b) KRW 3,500,000 and April 2016.

Reasons

1. Facts of recognition;

A. On September 13, 2012, the Plaintiff entered into a contract with the Defendants on the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) with the Plaintiff, setting the deposit amount of two million won, the reappointment fee of four million won, and the lease period from October 1, 2012 to September 30, 2013, and thereafter the instant lease contract was renewed.

On September 30, 2015, the Plaintiff concluded a lease agreement with the Defendants (hereinafter “instant lease agreement”) with a rental deposit of KRW 10 million, a reappointment of KRW 7 million, and a lease agreement with the term from October 1, 2015 to September 30, 2016 (hereinafter “instant lease agreement”).

(B) The lease contract is stipulated as Defendant B, but the Defendants seem to have jointly leased.

However, the Defendants paid 3.5 million won out of 10 million won and 7 million won for reappointment to the Plaintiff, and the remainder of 3.5 million won is not paid.

Accordingly, on December 27, 2016, the Plaintiff terminated the instant lease agreement by content-certified mail to the Defendants, and sent a peremptory notice containing the contents of claiming the payment of unpaid rent, but was returned due to the absence of the text of the contract.

[Reasons for Recognition] Service by Publication (Article 208 (3) 3 of the Civil Procedure Act)

2. According to the above facts found, the Defendants paid only the Plaintiff the rent of KRW 3.5 million, and did not pay the remainder of the rent at all, and did not pay the two or more rents. Thus, the instant lease agreement was terminated.

The lease contract of this case was terminated due to the expiration of the lease term, even if the lease contract of this case was not terminated.

Therefore, the Defendants jointly deliver the instant real estate to the Plaintiff on the ground of the termination of the lease, and the amount of rent from October 1, 2016 to October 1, 2016, which is the day following the expiration of the lease term, shall be determined by the ratio of KRW 583,00 ( KRW 7 million/12 months).