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(영문) 광주지방법원 2018.08.22 2018가단12488

건물명도

Text

1. The Defendants are to the Plaintiff.

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

(b) Joint and several occasions from March 10, 2018.

Reasons

1. Basic facts

A. On May 24, 2016, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff on the attached list owned by the Plaintiff (hereinafter the instant real estate), with respect to the lease period from June 1, 2016 to May 30, 2018, the lease deposit amount of KRW 20,000,000, and the rent of KRW 1,450,000 per month (the tenth day of each month).

B. Defendant B paid the rent by November 2016, but only KRW 720,000 as of December 2016, Defendant B did not pay the rent thereafter.

On November 14, 2017, at the request of Defendant B, the Plaintiff changed the lessee of the above lease to the name of Defendant C.

The defendants are engaged in a partnership business in the real estate of this case.

C. The Plaintiff demanded the Defendants to pay rent, but the Defendants did not pay rent.

The Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a duplicate of the complaint of this case on the grounds of delay in the payment of rent by the Defendants.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff is claiming payment of the pre-paid and unpaid rent on the instant real estate due to the termination of the instant lease agreement.

B. According to the above facts of recognition, the instant lease agreement was lawfully terminated by the Plaintiff’s expression of intent to terminate the contract.

Therefore, the Defendants are jointly obligated to order the Plaintiff to use the instant real estate, and jointly and severally, from March 10, 2018 to the date of completion of the name of the instant real estate, to refund the unjust enrichment at rent rate of KRW 1,450,000 per month on the 10th day of each month.

(3) The Plaintiff’s claim is justified, and thus, the Plaintiff’s claim is accepted. (3) As the Plaintiff’s claim is with merit, the amount of KRW 20,000 shall be deducted from KRW 730,00,000, which was unpaid from December 2016 and KRW 1,450,000 each month from January 1, 2017 to March 9, 2018. (4)