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(영문) 울산지방법원 2015.05.20 2014가단34392
건물명도 등
Text

1. Each of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 6, 2014, the Plaintiffs, as the co-owners of the building 6th above the D’s ground in Ulsan-gun, Ulsan-gun (hereinafter “Plaintiff-gun”) and the Defendant and the Plaintiff’s building of this case, which is 201, shall be paid KRW 50 million as the lease deposit and KRW 3 million as the rent in advance, on a monthly basis, on the condition that the lease period is determined from February 6, 2014 to March 5, 2019 (hereinafter “instant lease agreement”).

B. The Defendant did not pay for the portion of August 2014, 11, and the instant complaint containing an intent to cancel the Plaintiff’s instant lease agreement on this ground reaches the Defendant on February 16, 2015.

C. The Defendant paid all the unpaid rents on March 24, 2015, and there is no difference in payment as of the date of the closing of argument.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2

2. Determination as to the cause of action

A. The plaintiffs asserted that since the lease contract of this case was terminated on the grounds of the defendant's second or more overdue delay, the defendant is obligated to deliver the building of this case to the plaintiffs and to pay unjust enrichment equivalent to the rent by the completion date of delivery of the building of this case.

As to this, since the defendant has justifiable grounds for the plaintiffs' failure to pay rent because they interfered with the business of the defendant in the building of this case, the termination of the lease contract of this case is unfair, and all of the plaintiffs' arguments based on this premise are without merit.

B. The judgment was based on the following facts: the Defendant failed to pay the rent stipulated in the instant lease agreement; and the Plaintiff’s termination of the instant lease agreement on the ground thereof was as seen earlier.

However, since the duty of the lessor to use and benefit from the object in the lease contract and the lessee's duty to pay rent are in conflict with each other, the lessor has to use and benefit from the object.

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