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(영문) 서울중앙지방법원 2020.12.28 2020가단5195407
건물인도
Text

For the plaintiffs, the defendant

A. The 5th floor of Seoul Gangnam-gu and Einte reinforced concrete slabs 6th floor neighborhood living facilities are 156.2 square meters.

Reasons

1. Facts of recognition;

A. On November 11, 2019, the Plaintiffs entered into a lease agreement with the Defendant on the following: (a) the attached map No. 1, 2, 3, 4, 5, 6, and 1 attached hereto among the five-story neighborhood living facilities of Seoul, Gangnam-gu, Seoul, and E&D slab2, each of which the Plaintiffs owned one-half shares; (b) the five-story neighborhood living facilities of 5 stories 156.2 square meters; (c) the lease deposit amount of KRW 30 million; (d) the rent and maintenance expenses of KRW 3.7 square meters in the ship (hereinafter “instant building”); and (e) the lease agreement with the Defendant on November 1, 2019 through November 1, 2019 to November 1, 2011 (hereinafter “the lease agreement”).

The Plaintiffs delivered the instant building to the Defendant in accordance with the instant lease agreement.

B. The Defendant occupied and used the instant building, and the lessor did not pay to the Plaintiffs a total of 6,160,000 won (=3080,000 won x 2 months) including rent for January and February 2020, and did not pay a rent after June 2020.

C. On July 15, 2020, the Plaintiffs demanded the Defendant to pay the rent for January, 2020, February, and June of the instant building to July 2020, and sent a content-certified mail containing the intent to terminate the instant lease agreement at the time of non-payment. The said mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated and terminated on July 20, 2020 on the ground of the delinquency in rent.

Therefore, the defendant delivers the building of this case to the plaintiffs, and 6,160,000 won in total, including rent for January and February 2020, and 3,080,000 won per month from June 1, 2020 to the completion date of delivery of the building of this case.

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