(영문) 수원지방법원 2020.05.27 2019가단544655

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Reasons

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(영문) 수원지방법원 2020.05.27 2019가단544655

건물명도(인도)

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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Defendants are jointly and severally liable to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. (1) On November 28, 2016, the Plaintiff entered into a lease agreement with the Defendants, a joint lessee, on the attached list (hereinafter “instant building”) with regard to real estate owned by the Plaintiff, including the lease deposit of KRW 50 million, KRW 2.9 million per month, KRW 2.9 million per month, the Defendant’s management expenses, the term of lease from December 1, 2016 to November 30, 2018, and the lessee entered into major special terms and conditions to restore the facilities installed by the lessee to its original state at the end of the contract. On the other hand, the lessor continued to terminate the lease contract at the time of arrears on three or more occasions, and the lessor immediately terminated the lease contract (hereinafter “instant lease agreement”). At that time, the Plaintiff delivered the said building to the Defendants.

(2) From around that time, the Defendants operated the PC bank in the instant building, and paid the Plaintiff rent and management expenses until November 2017, and did not pay the difference thereafter.

(3) From December 2018, the Defendants discontinued PC operations.

(4) On November 30, 2018, when the term of the instant lease agreement expires, rent and management expenses accrued by the Defendants by November 30, 2018 are KRW 50,243,644 as stated in the attached Table of Adjustment of Compensation Amount. The expenses for restoration are KRW 19,979,000.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, 11, 12, and 13, and the purport of the whole pleadings

B. (1) According to the above facts of recognition, the instant lease contract expired on November 30, 2018.

Therefore, barring any special circumstance, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and to pay KRW 20,222,644, which remains after deducting KRW 50 million from the total amount of unpaid rent and management fee for restoration to the original state, and KRW 19,979,00,000, which is deducted by the Plaintiff.

(2) Accordingly, Defendant D’s restoration costs of KRW 19,979,000.

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