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(영문) 울산지방법원 2020.05.19 2019가단10445
건물명도 등
Text

1. Defendant B:

(a) deliver the buildings listed in the separate sheet;

B.3,970,530 Won and the above from March 1, 2020

Reasons

1. Facts of recognition;

A. On November 11, 2017, the Plaintiff entered into a lease agreement with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 20 million, monthly rent of KRW 1.2 million (Additional tax payment), and the period from December 1, 2017 to November 30, 2019 (hereinafter “instant lease agreement”).

B. From December 1, 2018, Defendant B did not pay the rent in arrears. Around August 12, 2019, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of overdue rent arrears.

C. Meanwhile, Defendant B’s unpaid management expenses by December 31, 2019 are KRW 3,370,530 (monthly average management expenses KRW 303,00).

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, the instant lease agreement was lawfully terminated until August 12, 2019 of the Plaintiff’s notice to Defendant B was served.

Therefore, Defendant B shall deliver the instant real estate to the Plaintiff, and KRW 3,970,530 [the amount of overdue rent from December 1, 2018 to February 29, 2020, KRW 19.8 million for overdue rent and unjust enrichment from the rent to February 31, 2019, KRW 3,570,530 for overdue rent from December 31, 2019 - the amount of overdue rent of KRW 20 million for lease deposit from January 1, 2020 to February 29, 2020 for overdue rent of KRW 60,000 (the management fee from January 1, 2020) shall be calculated as KRW 30,000 per month upon the Plaintiff’s request.

[] From March 1, 2020 to the completion date of the delivery of the pertinent real estate, it is obligated to pay the amount calculated by the rate of KRW 1.620,00 per month by returning the rent and the amount of unjust enrichment equivalent to the management fee.

3. The plaintiff to determine the claim against the defendant C, and the defendant C entered into the instant lease agreement as the father and the representative of the defendant B, and agreed to jointly and severally perform the tenant's obligations when the defendant B did not perform the tenant's obligations. Thus, the real estate of this case is transferred to the plaintiff, and the purport of the claim is stated jointly and severally with the defendant B.

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