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(영문) 대구지방법원 2021.01.13 2020가단3540
건물인도 등
Text

1. For the plaintiffs:

A. The Defendants deliver the third floor of 236.92 square meters among the real estate listed in the attached list; and

B. Defendant C.

Reasons

1. Facts of recognition;

A. On March 19, 2019, the Plaintiffs leased KRW 20,000,000, monthly rent of KRW 1,500,000, monthly rent of KRW 1,500,000 ( separate value-added tax), and the lease period of KRW 100,000, monthly rent of KRW 100,000 ( separate value-added tax), from April 30, 2019 to April 29, 2021, among the real estate listed in the attached list, which is the real estate jointly owned by the Plaintiffs to Defendant C.

B. Defendant C leased the object of the instant lease to Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”). Defendant C without any title occupied the object of the instant lease without any specific title.

(c)

Defendant C and Defendant Company did not pay the rent from October 2, 2019 to March 15, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. As seen earlier, Defendant C’s delayed payment of the rent of Defendant C, the lessee of the claim against Defendant C, reaches the three-dimensional rent. The purport of the claim in this case and the fact that the Plaintiffs expressed their intention to terminate the lease before filing the claim in this case, which again expressed their intention to cancel the lease contract once through the application for change in the cause of the claim, is clear that there is no dispute between the parties concerned or the record.

Since the above lease contract was terminated, Defendant C is obligated to deliver the object of the lease of this case to the plaintiffs, and pay the overdue rent of KRW 1,760,000 per month from June 3, 2020 to the completion date of delivery of the above object of the lease (=1.1 x (1.1 x (1,500,000 won per month rent of KRW 100,000) ], and to pay the overdue rent of KRW 14,00,000 per the overdue rent of this case or the amount of unjust profit equivalent to the same amount (the defendant C paid KRW 14,00,000 to the plaintiffs during the proceeding of the lawsuit of this case, and it appears that the plaintiffs did not return it. However, this circumstance alone does not reverse the effect of termination of the lease contract already occurred).

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