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(영문) 수원지방법원평택지원 2020.11.12 2020가단53161
건물인도
Text

1. The Plaintiff:

A. Defendant B shall deliver the land and each building listed in the attached Table 1, and 2) from September 29, 2020 to attached Form 1.

Reasons

1. Facts of recognition;

A. On June 30, 2015, the Plaintiff entered into a lease agreement between Defendant B and Defendant B, which is between KRW 10 million for lease deposit, KRW 1.2 million for monthly rent, and KRW 1.2 million for lease for each building. From July 1, 2015 to June 30, 2018.

After that, the Plaintiff and Defendant B increased the monthly rent of KRW 100,000,000, and extended the lease term by setting the lease term by June 30, 2020.

(hereinafter “instant lease agreement”). B.

From July 2018, Defendant B’s delinquency to pay the rent from around July 2018, the sum of the rent in arrears as of February 2020 is 1,1560,000 won.

The Plaintiff urged Defendant B to pay the unpaid rent four times from September 2019 to November 2019, but Defendant B did not comply therewith.

C. On March 12, 2020, the instant warden, which included the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent by Defendant B, was served on Defendant B.

Defendant C is the omission of Defendant B from May 12, 2016, and is residing in each building listed in the separate sheet from May 12, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated on March 12, 2020 on the ground of Defendant B’s delinquency in rent, and barring any special circumstance, Defendant B transferred to the Plaintiff the land and buildings indicated in the separate sheet, which is the object of the lease, to its original state, and returned unjust enrichment equivalent to rent or rent, and Defendant C should withdraw from each building listed in the separate sheet, which is a exclusion of interference based on the Plaintiff’s ownership.

3. Determination as to Defendant B’s assertion

A. The summary of the assertion is 10,000,000 won from the plaintiff, 6,550,000 won in total of the repair costs incurred to the object of the lease, and 2,50,000 won in total of the repair costs incurred to the object of the lease, and 1,300,000,000 won in both

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