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(영문) 서울중앙지방법원 2018.02.22 2017가단77900
건물인도 청구의 소
Text

1. The Defendants shall:

A. Among the real estate listed in the separate sheet, the plaintiffs are indicated in the separate sheet (1), (2), (3), (4), (5), and (6).

Reasons

1. The Plaintiffs (Plaintiff A’s shares 3/4, Plaintiff B’s shares 1/4) who are co-owners of the shop indicated in the text of this case (hereinafter “instant store”) leased the instant store to the Defendants at KRW 30 million, KRW 2970,000 per month, KRW 2970,000 per month (the monthly rent was increased to KRW 3080,000 per month), including management expenses, etc., and KRW 550,00 per month (hereinafter “the instant lease”); there was no deposit remaining as of September 1, 2017; rather, there was no deposit that the Defendants had to additionally pay KRW 2,010,00 to Plaintiff A as of September 1, 2017; the fact that the Plaintiffs notified the Defendants of the termination of the instant lease on the grounds that the Plaintiffs had failed to pay the Defendants.

2. Therefore, inasmuch as the instant lease contract was terminated by the notice of termination of the contract, the Defendants are obligated to deliver the instant store to the Plaintiffs, and pay the Plaintiff KRW 2,722,500 to the Plaintiff and KRW 670,000 each due to the overdue rent, etc., and to pay the Plaintiff KRW 2,722,50 each month to the Plaintiff from September 1, 2017 to the completion of delivery of the instant store (i.e., monthly rent and management fee x KRW 3,630,00 x 3/4) and KRW 907,50 each month to the Plaintiff (i.e., monthly rent and management fee x KRW 3,630,00 x 1/4).

3. If so, the plaintiffs' claim is reasonable, and it is so decided as per Disposition.

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