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(영문) 제주지방법원 2018.10.02 2018가단54783
건물명도(인도)
Text

1. The Defendants jointly deliver the buildings listed in the separate sheet to the Plaintiffs.

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

Reasons

1. Basic facts

A. On February 18, 2014, the Plaintiffs purchased a building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer for each 1/2 portion of the said building on the 20th of the same month.

B. On July 2, 2015, the Plaintiffs leased the instant building to Defendant C a deposit of KRW 5,00,000, annual rent of KRW 20,000,000, and the period from July 31, 2015 to five years (hereinafter “instant lease agreement”); the Plaintiffs, under a special agreement at the time, bear all the management expenses, including public charges, such as electricity and water supply charges, and the lessee, bears all the management expenses, including electric power and water supply charges, and if the management expenses are unpaid for three months, the Plaintiffs block electricity.

C. Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd”) was established on September 15, 2015 for the purpose of store establishment and operation business within the E- shopping center including the instant building (the Defendant C is holding the office of representative director). Since the instant lease contract was concluded, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) carries on business with its principal office located.

Defendant C delayed to pay rent for the year 2017 under the instant lease agreement, and on November 2, 2017, Defendant C is unable to pay rent by November 30, 2017 to the Plaintiffs, the instant building shall be returned.

"" has made and made a letter of agreement.

However, even after the lapse of 2017, the Plaintiffs notified on January 25, 2018 that they would proceed with the procedure for termination of the instant lease agreement by sending a certificate of content to the Defendants.

E. Defendant C did not pay an amount equivalent to KRW 28,615,060 for the management expenses of the instant building incurred from September 2016 to March 2018, and the rent for the year 2017 and 2018 is also in arrears.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Civil Code stipulated the general provisions on the requirements for rescission of contract in Article 544 to Article 546.

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