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(영문) 수원지방법원성남지원 2020.09.23 2020가단204567
건물인도
Text

The Plaintiff

A. The Defendants are indicated in the annexed Form 2(1), (2), (3), (4), (5), and (1) of the real estate listed in the annexed Table 1 list.

Reasons

1. Basic facts

A. On July 28, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the deposit amount of KRW 5 million, monthly rent of KRW 1.2 million, and the lease period of KRW 1.2 million from September 1, 2016 to August 31, 2019 (hereinafter “instant lease agreement”).

B. Defendant C is the spouse of Defendant B, and Defendant D is the trial money of Defendant B.

The Defendants possessed the instant building parts and operated a Chinese restaurant. Defendant B was registered as a business operator in relation to the operation of the restaurant and transferred the name thereof to Defendant D around March 17, 2019, as shown in attached Table 3.

C. From September 1, 2016 to February 1, 2020, Defendant B paid the sum of KRW 13.2 million under the instant lease agreement from September 1, 2016 to the time of the instant lawsuit.

On January 25, 2020, when the Defendants are running restaurant business, a fire occurred in the part of the building of this case, and the cost of KRW 5 million was spent to restore the original state to its original state.

E. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground that the service of the duplicate of the instant complaint was three or more times in arrears.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was terminated as a duplicate of the instant complaint.

B. Therefore, the Plaintiff: (a) the Defendants, the possessor of the instant building, deliver the instant building part; and (b) the Defendant D, as the restitution of the instant lease agreement, performed the procedures for reporting the closure of business reports as indicated in the attached Table 3; and (c) the Defendant B, the lessee of the instant lease, was the lessee of the instant lease agreement, KRW 13.2 million in the sum of the overdue rent of KRW 8.2 million in arrears, KRW 5 million in deposit

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