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(영문) 수원지방법원성남지원 2020.09.23 2019가단14812
건물명도 등
Text

A. Defendant C delivers to the Plaintiff (Counterclaim Defendant) the real estate indicated in the attached Form;

B. Defendant (Counterclaim Plaintiff) D

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 5, 2016, the Plaintiffs entered into a contract with the Defendants and the Defendants on the lease deposit amounting to KRW 50,00,000 (hereinafter “instant real estate”) and KRW 3,00,000 per month of rent, and the lease period from November 14, 2016 to November 14, 2018 (hereinafter “instant lease contract”).

B. The Defendants received the delivery of the above real estate and operated restaurant business, and thereafter the instant lease agreement was implicitly renewed.

C. On July 11, 2019, the Plaintiffs were in arrears of KRW 13,560,000 for the rent of approximately 4.5 years until July 1, 2019 to the Defendants, and thus, notification of the termination of the instant lease agreement pursuant to Article 4 of the instant lease agreement.

“Along with this,” the content of this document was sent to the Defendants at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition as to the claim for the delivery of real estate, the instant lease agreement was lawfully terminated as the Plaintiffs’ declaration of termination of the instant lease agreement was delivered on July 11, 2019 to the Defendants on the grounds of the following delay of the Defendants.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiffs, barring special circumstances.

B. The Plaintiffs asserted by the parties 1 as to the overdue rent or the return of unjust enrichment, and the simultaneous performance of Defendant D’s claim. The Plaintiffs are obligated to return the overdue rent or the unjust enrichment from April 2019 to May 31, 2019, which was unpaid by the Defendants, and from July 31, 2020 to July 31, 2020, deducting the lease deposit amounting to KRW 50,000 from the sum of the overdue rent or the unjust enrichment from KRW 50,00,000, and the remainder of KRW 157,000,000 from August 1, 2020, and Defendant D sought the payment of unjust enrichment equivalent to the rent from August 1, 200, and Defendant D had the obligation to return the overdue rent or the unjust enrichment from May 20, 2019 to the date of delivery of the instant real estate.

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