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(영문) 서울중앙지방법원 2018.12.11 2018가단5120257
건물인도
Text

1. The Defendant, from the Plaintiffs, delivers each real estate listed in the separate sheet from June 11, 2018 to June 6, 7820,000.

Reasons

1. The Plaintiffs, as co-owners of each real estate listed in the separate sheet, agreed on April 19, 201 to enter into a lease agreement with the Defendant on a fixed term of KRW 70 million, monthly rent of KRW 4180,000 (including value-added tax), and from April 19, 2017, and to bear the monthly rent from May 11, 2017, and the lessee may terminate the lease agreement if he/she delays the payment of rent of the rent of at least three occasions.

The defendant paid KRW 70 million to the plaintiffs, and the plaintiffs delivered the above real estate to the defendant under a lease agreement, and thereafter the defendant occupied and used it. However, the defendant began to delay the payment from the first rent to November 10, 2017, and the overdue rent has already reached three months, and the plaintiffs notified the defendant in writing and notified the termination of the lease on April 19 and May 14, 2018.

As of November 13, 2018, which was the date of the closing of the instant argument, the Defendant paid to the Plaintiffs an amount calculated by adding two million won to the amount equivalent to the rent or rent corresponding to May 10, 2018.

2. According to the above finding facts, the lease between the plaintiffs and the defendant was lawfully terminated by failing to pay the monthly rent more than three times and notifying the defendant of his intention to terminate the contract in writing as stipulated in the lease agreement.

Therefore, according to the plaintiffs' claim, the defendant is entitled to refund the amount calculated by deducting the amount calculated by subtracting 200,000 won paid by the defendant from the amount of KRW 70,000,000 from May 11, 2018 to the date of the completion of delivery as the amount of KRW 4,180,000 per month from the amount of KRW 4,180,000,000, which was calculated by subtracting the amount paid by the defendant from the amount of KRW 6,782,00,000 per month from June 11, 2018 to the date of delivery.

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