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(영문) 수원지방법원 2019.04.03 2018가단550950
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) In the case of the third floor of the real estate indicated in the separate sheet, indication 1, 2, 3, 3, 113.18 square meters

Reasons

1. ① On March 21, 2017, the Plaintiff leased the real estate indicated on its order (hereinafter “instant building”) to Defendant C at KRW 2 million, monthly rent of KRW 800,000,000 (hereinafter “instant lease contract”); on March 28, 2017, the Plaintiff delivered the said real estate to Defendant C; ② on November 28, 2017, Defendant C delayed payment of all rent; ③ on February 25, 2018, Defendant D resided with Defendant C, who was in the instant building, was responsible for the delivery and delayed rent of the instant building; ④ on October 12, 2018, the Plaintiff did not have any dispute between the Plaintiff and the Plaintiff and the Defendant C pursuant to Article 15 of the Civil Procedure Act; or on October 12, 2018, it was recognized that there was no dispute between the Plaintiff and the Defendant C’s respective parties to the instant lease contract and that it reached the entire purport of the Civil Procedure Act.

According to the above facts, since the lease contract of this case was terminated upon termination, the defendants are jointly obligated to deliver the building of this case to the plaintiff, and to pay rent or rent-free gains at the rate of KRW 800,000 per month from November 28, 2017 to the completion date of delivery of the building of this case.

2. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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