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(영문) 수원지방법원 2019.05.01 2018가단5771
건물인도등
Text

1. The Defendants are to the Plaintiff.

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

(b)payment of 580,000 won;

C. Newly Inserted by Presidential Decree No. 2890, Dec. 1, 2

Reasons

1. Facts of recognition;

A. On November 30, 2016, the Plaintiff and the Defendants concluded a lease agreement to lease real estate listed in the separate sheet (hereinafter “instant lease agreement”) owned by the Plaintiff (hereinafter “instant store”) to the Defendants (hereinafter “instant lease agreement”). From December 1, 2016 to December 1, 2026, the term of lease was set at KRW 10 million, KRW 1650,000 per month (including value-added tax).

The Plaintiff delivered the instant store to the Defendants on December 1, 2016.

B. After June 2016, the Defendants discontinued the payment of rent to the Plaintiff.

Accordingly, on December 19, 2017, the Plaintiff, on the part of the Defendant, declared that “the instant lease contract is terminated on the grounds of the delinquency in rent for at least three years,” and “the instant termination notification” is called “the termination notification.”

(C) The Defendants continued to operate the instant store even until now. [In the absence of any dispute over the grounds for recognition, the entries in the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings and arguments.]

2. Determination as to the cause of action

A. According to the fact that the instant lease agreement was terminated, it is reasonable to view that the instant lease agreement was terminated around December 19, 2017 when the notice of termination was sent to the Defendant.

B. As seen above, as long as the instant lease agreement was terminated as seen in the judgment on the claim for delivery, the Defendants, the lessee, are obligated to return and deliver the instant real estate to the Plaintiff, the lessor.

C. The Defendants, a lessee, are obligated to pay KRW 1,650,000 per month to the Plaintiff, a lessor, until the termination of the instant lease agreement, pursuant to the instant lease agreement.

In addition, even after the termination of the instant lease agreement, the Defendants occupied the instant real estate and gained the benefit of its use, and thereby, the lessor.

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