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(영문) 수원지방법원 2019.05.16 2019가단501733
건물명도(인도)
Text

1. The Defendants jointly deliver each building listed in the separate sheet 1 and 2 to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On December 30, 2015, D Co., Ltd. (hereinafter “D”) determined and leased each building listed in the separate sheet Nos. 1 and 2 (hereinafter “instant building”) to the Defendants as KRW 100,000,000 (excluding value-added tax) monthly rent, and around that time, the Defendants occupied and used the instant building upon delivery.

B. On March 13, 2018, the Defendants agreed to extend the term of the said lease agreement to February 22, 2023 with the same content as D and D’s monthly rent. However, the Defendants agreed to the effect that D, a lessor, may terminate the said lease agreement if the Defendants are unpaid for a monthly rent for at least two months.

C. The Plaintiff purchased the instant building from D on July 26, 2018, and completed the registration of ownership transfer on August 28, 2018.

On the same day, the Plaintiff entered into an agreement with the Defendants and the lessors under the above lease agreement with D to the effect that the Plaintiff succeeds to the status of D.

The Defendants did not pay rent from September 2018 and did not pay rent for more than two months prior to the filing of the instant lawsuit. Accordingly, the Plaintiff notified the Defendants that the said lease was terminated by the delivery of the instant complaint on the grounds of the foregoing delay.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the above lease contract was lawfully terminated by the time of service of a copy of the complaint of this case on the grounds that the Defendants were not paid a rent for more than two months, the Defendants, a joint lessee, are jointly obligated to deliver the building of this case to the Plaintiff, a lessor, due to the termination of the contract.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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