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(영문) 수원지방법원 2019.11.14 2018가단26952 (1)
건물명도
Text

1. The defendant is against the plaintiffs:

(a) deliver each building listed in the separate sheet;

(b) 25,00 won and from June 22, 2019.

Reasons

Facts of recognition

On September 10, 2016, the Plaintiffs concluded a lease agreement between the Defendant and the former lessor with the same content as the lease agreement concluded on April 7, 2016 with the former lessor, with the following terms:

DF E GHHHH Plaintiffs and the Defendant agreed that the Plaintiffs may terminate the contract in the event that the Defendant fails to pay the rent more than twice consecutively.

The Defendant did not pay to the Plaintiffs most of the rent from February 2018, and the unpaid rent by June 21, 2019, which was after the instant lawsuit was filed, is KRW 100,225,00.

The Plaintiffs filed the instant lawsuit containing the Defendant’s intent to terminate the lease agreement on the grounds of the delinquency in rent.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, the lease agreement was lawfully terminated according to the plaintiffs' declaration of termination on the grounds of delinquency in rent at least two occasions by the defendant.

Therefore, the defendant delivers each building listed in the separate sheet to the plaintiffs, and as requested by the plaintiffs, the defendant is obligated to pay unjust enrichment equivalent to the rent of KRW 100,225,00 for the total amount of unpaid rent or unjust enrichment equivalent to the rent of KRW 100,225,00 for the lease deposit and the remainder of KRW 225,00 for the lease deposit from June 22, 2019 to the completion date of delivery of each building listed in the separate sheet.

In conclusion, the plaintiffs' claims are accepted.

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