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Reasons
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(영문) 수원지방법원안산지원 2015.07.09 2014가단34768
건물인도등
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1. The Defendants shall deliver to the Plaintiffs the entire 2th floor of 116.48 square meters among the real estate listed in the attached list.

2. The defendants are the defendants.

Reasons

1. Claim against Defendant D, E, and F

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment without pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

2. Claim against Defendant C

A. On April 4, 2014, G leased (hereinafter referred to as “instant lease agreement”) the entire two floors of real estate listed in the attached list owned by G to the Defendants by setting the lease deposit amount of KRW 15,00,000,000, monthly rent of KRW 1,200,000, and the lease period of May 2, 2014 to May 1, 2015 (hereinafter referred to as “instant lease agreement”).

(2) On June 17, 2014, the Plaintiffs purchased the instant real estate on June 17, 201 and completed the registration of transfer of ownership (each co-owned share 1/2) on July 15, 2014.

(3) The Defendants did not pay the monthly rent under the instant lease agreement after July 15, 2014.

(4) The Plaintiffs submitted the instant complaint stating that the instant lease agreement will be terminated on the grounds of the Defendants’ delinquency in rent. The duplicate of the instant complaint was served on Defendant C on January 9, 2015; Defendant D on December 26, 2014; Defendant E on January 16, 2015; and Defendant F on December 11, 2014.

[Ground of recognition] Evidence No. 1-2, Evidence No. 2, and Evidence No. 2, and the purport of the whole pleadings in this court

B. According to the evidence evidence No. 2, G and the Defendants agreed to the effect that, at the time of the conclusion of the lease contract of this case, the lessor may terminate this contract without delay when the delayed amount of rent of the lessee reaches the amount of two years of rent (Article 4 of the lease contract). The facts that the Defendants did not pay monthly rent after July 15, 2014 are as seen earlier, and thus, the instant lease contract of this case was lawfully terminated by purchasing the instant real estate from G and delivering the notice of termination to the status of the lessor to the Defendants.

Therefore, the Defendants, barring any special circumstance, shall be subject to the Plaintiffs.

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