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(영문) 서울동부지방법원 2015.07.14 2014가단57243
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver a building 19.89 square meters (12.48 square meters) on the attached sheet (7.41 square meters);

B. Doese, 2014

Reasons

1. Facts of recognition;

A. On August 8, 2012, the Plaintiff agreed to Defendant B on the lease deposit amounting to KRW 5 million for a lease deposit, KRW 400,000 for a monthly rent, KRW 400,000 for a management fee, and KRW 40,000 for a management fee, from February 22, 2012 to February 21, 2014 for a lease term. In the event a lessee fails to pay rent more than twice between the Defendant B and the lessee, the lessor agreed that the lease contract of this case may be terminated.

B. From the time when the instant lease contract was concluded, Defendant C had resided in the instant building along with Defendant B.

C. From August 22, 2014, Defendant B delayed payment of monthly rent, and the Plaintiff terminated the instant lease agreement by serving a duplicate of the instant complaint on the Plaintiff.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]

2. According to the facts of the above recognition, the instant lease agreement was terminated lawfully by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the delinquency in rent, and thus, Defendant B is a party to the instant lease agreement. Defendant C as a joint occupant with Defendant B, jointly with the Plaintiff, is obligated to jointly deliver the instant building to the Plaintiff, and pay the rent and unjust enrichment equivalent to the rent, calculated at the rate of KRW 440,000 per month from August 22, 2014 to the completion date of delivery of the instant building.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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