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(영문) 수원지방법원 2021.01.14 2020가단514308

건물인도

Text

The Defendants jointly do so to the Plaintiff

A. Of the real property 1 floors listed in the separate sheet, the indication 1, 2, 3, 4, 1-1 of the annexed sheet.

Reasons

1. Facts of recognition;

A. On December 1, 2019, the Plaintiff and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant B, setting the lease deposit amounting to KRW 15,00,000, monthly rent of KRW 15,50,00,00, and the lease term from December 1, 2019 to December 1, 2024, on the part (A) part (hereinafter “instant leased building”) connected each point in the attached Form 1,2,3,4, and 1,000 square meters among the real estate listed in the attached Table list owned by the Plaintiff.

B. Defendant B, upon delivery of the instant leased building under the instant lease agreement, operated the restaurant “D” in the instant leased building with Defendant C, and jointly occupied and used the instant leased building until the end of pleadings.

(c)

In this regard, Defendant B did not pay to the Plaintiff the monthly rent after the instant lease agreement. Accordingly, on March 11, 2020, the Plaintiff terminated the instant lease agreement on the grounds that the Plaintiff did not pay the monthly rent from December 201 to February 2020 via the instant complaint.

“Declaration of intention for termination” (hereinafter “instant declaration of intention for termination”) was made, and the duplicate of the instant complaint was served on March 23, 2020 to the Defendants.

【Ground of recognition】 Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated on March 23, 2020, when the duplicate of the complaint of this case was served on the Defendants.

Therefore, the Defendants, who occupied and used the leased building of this case, are jointly obligated to jointly deliver the leased building of this case to the Plaintiff, and (2) to pay the amount equivalent to KRW 1,50,000 per annum from March 30, 2020 to the completion date of delivery of the leased building of this case, as they seek by the Plaintiff due to performance of the duty to return the profit accrued from the leased building of this case.

another.