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(영문) 서울서부지방법원 2020.05.08 2020가단202428
건물인도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant B from November 20, 2017 to the Plaintiff.

Reasons

1.The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4:

On August 4, 2017, the Plaintiff concluded a lease agreement with Defendant B and the period from September 27, 2017 to September 26, 2019, by setting the lease deposit of KRW 30 million, monthly rent of KRW 900,000 (payment on September 20), the lease term of KRW 20,000,000,000,000,000,000,000,000 won.

B. Defendant C, a partner of Defendant B, is residing in the instant real estate.

C. Defendant B paid KRW 9 million on October 20, 2017 in the name of Defendant C, except for the monthly rent of KRW 1,000,000,000,000,000.

The plaintiff sent to the defendant B a notice that the above lease contract will be terminated on the grounds of the delinquency in monthly rent.

2. According to the above facts, the above lease contract was lawfully terminated or terminated upon the expiration of the period.

As such, the Defendants (a contracting party, indirect possessor, or direct possessor) are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay to the Plaintiff the overdue charge calculated at the rate of KRW 900,000 per month from November 20, 2017 to the completion date of delivery of the said real estate.

(3) The defendants are not able to respond to the plaintiff's claim until the settlement is made, because they spent electric installations, gas boilers, waterworks and sewerage repair costs, etc., and above all, there is no evidence to acknowledge the assertion, and thus, it cannot be accepted.

4. All of the Plaintiff’s claims against the Defendants are accepted.

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