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(영문) 수원지방법원 평택지원 2018.10.16 2018가단52707
건물명도(인도)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On August 23, 2016, Plaintiff A and the Defendant entered into a lease agreement as to the commercial buildings listed in the separate sheet 1, and Plaintiff B and the Defendant on the same day, respectively, as to the commercial buildings listed in the separate sheet 2. Since the Defendant did not pay a rent for at least two years since December 24, 2017, the Defendant did not pay a rent for each of the above lease agreements, the said lease agreement was terminated by delivery of a duplicate of the instant complaint, and accordingly, sought payment of the delivery and overdue rent, unjust enrichment, and management expenses of each of the above commercial buildings as stated in the purport of the claim.

2. In the case of a commercial building, if the annual rent of a lessee reaches the amount of three or more terms of rent, the lessor may terminate the contract (Article 10-8 of the Commercial Building Lease Protection Act), and the above provisions are mandatory provisions, and they are in violation of such provisions and are disadvantageous to the lessee;

(Article 15 of the Commercial Building Lease Protection Act (Article 15). In order for the termination of each of the above lease agreements of the plaintiffs to be effective, the defendant's three or more times of default should continue even at the time of exercising the right to terminate the lease. The evidence submitted by the plaintiffs alone is insufficient to recognize that the defendant's delay in rent for more than three years is continued even on April 16, 2018, when the copy of the complaint of this case is delivered to the defendant, and there

Therefore, since each of the above lease agreements cannot be deemed to have been lawfully terminated, the plaintiffs' claims based on such premise are without merit.

3. All of the plaintiffs' claims are dismissed.

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