(영문) 울산지방법원 2016.12.27 2016가단9833

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(영문) 울산지방법원 2016.12.27 2016가단9833

건물인도

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1. Defendant B delivers to the Plaintiff the real estate indicated in the attached Form, and the said real estate from May 1, 2016.

Reasons

1. Basic facts

A. On June 30, 2007, Defendant B lent to the Plaintiff real estate (hereinafter “instant real estate”) as indicated in the separate sheet from the Plaintiff on July 1, 2007 by setting the period of two years from July 1, 2007, the deposit for rent of KRW 30 million, and monthly rent of KRW 3 million, and paid the Plaintiff the rent.

The above lease contract has been renewed continuously.

B. Defendant B did not pay KRW 48 million (3 million x 16 months) from January 2015 to April 2016.

C. On March 10, 2016, the Plaintiff sent to Defendant B a certificate of the termination of the lease agreement on the grounds of the delinquency in rent.

On July 2, 2016, Defendant B prepared and issued a written confirmation to the Plaintiff, stating that “The amount of KRW 15 million out of the sealed rent of KRW 30 million shall be paid by July 5, 2016, and if it fails to comply, the store will be cut off from July 5, 2016.”

E. Defendant C without any title occupies the portion of 113 square meters in the ship (A) connected in sequence with each point of the items indicated in the annexed drawing Nos. 1, 2, 7, 8, and 1 among the instant real estate (hereinafter “the instant portion of possession”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 6 (including virtual numbers), the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, since the instant lease agreement was lawfully terminated, Defendant E is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent of KRW 18 million (48 million in arrears up to April 2016 - the rent of KRW 30 million deducted from the rent of KRW 48 million) and the rent of KRW 300,000 per month from May 1, 2016 to the date the delivery of the instant real estate is completed, and Defendant C is obligated to withdraw from the possession of the instant portion.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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