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(영문) 전주지방법원 2017.01.06 2016가단13972

건물명도 등

Text

1. The Defendants jointly do so to the Plaintiff:

A. Of the first floor of the real estate stated in the attached Form, the indication of the attached Form 1, 2, 3, 4, 1-1.

Reasons

1. Facts of recognition;

A. On March 16, 2015, the Plaintiff entered into a lease agreement with the Defendants on a deposit for lease of KRW 10,000,00, monthly rent of KRW 660,00 (including value-added tax) with regard to the portion (a) part of 49 square meters in the ship connecting each point of the items in the attached Form 1, 2, 3, 4, and 1 among the first floor of the real estate listed in the attached Form (hereinafter “instant real estate”), and delivered the instant real estate to the Defendants.

B. At the time of the instant lease agreement, the Plaintiff and the Defendants agreed that the Plaintiff may terminate the instant lease agreement if the Defendants did not pay monthly rent more than twice.

C. The Defendants did not pay monthly rent at least twice until May 16, 2016, which was at the time of the Plaintiff’s filing of the instant lawsuit.

The Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendants’ failure to pay monthly rent was sent to Defendant C on May 20, 2016, respectively, to Defendant C, and Defendant B on September 2, 2016.

E. Meanwhile, after the Plaintiff’s filing of the instant lawsuit, Defendant C paid part of the unpaid monthly rent to the Plaintiff, and the monthly rent by June 30, 2016 was paid to the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease contract was lawfully terminated upon delivery to the Defendants of a copy of the complaint of this case containing the Defendants’ intent to terminate the contract due to the Defendants’ non-payment of monthly rent at least twice.

As such, the Defendants are jointly obligated to jointly restore the instant real estate to their original state, and to pay monthly rent of KRW 660,000 per month from July 1, 2016 to the completion date of delivery of the said real estate, or a considerable amount of unjust enrichment.

I would like to say.

3. Conclusion.