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(영문) 창원지방법원진주지원 2020.11.10 2020가단2201
토지 및 건물인도 등
Text

The Defendants deliver to the Plaintiffs the real estate listed in the separate sheet.

The defendants jointly do so to the plaintiffs 15.

Reasons

1. Facts of recognition;

A. The plaintiff A is the owner of the real estate listed in the attached list Nos. 1 through 6, and the plaintiff B is the owner of the real estate listed in the attached list No. 7.

B. On September 22, 2014, the Plaintiffs concluded a lease agreement with the Defendants’ husband and wife on each of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) with the terms of KRW 20,000,000, monthly rent of KRW 1,300,000 (excluding value-added tax), and the term of lease from October 1, 2014 to 24 months, respectively.

(hereinafter “instant lease agreement”). The Defendants, after registering joint business with the trade name called “E, received delivery of the instant real estate and engage in feed wholesale business.

C. Since then, the instant lease agreement was renewed, and on January 1, 2018, the Plaintiffs agreed with the Defendants to increase the number of automobiles under the said lease agreement to KRW 1,400,000 (value-added tax separately).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 8, and the purport of the whole pleadings

2. Determination

A. According to the purport of Gap evidence Nos. 4 and 5 as to the cause of the claim, according to the purport of the whole statements and arguments, the defendants were found to have not paid KRW 10,780,000 in total, including the value-added tax for the period from June 2019 to December 2019 (i.e., KRW 1,40,000 x 1.1 x 7 months), and the sum of the electricity and water supply taxes for the real estate in this case until the end of December 2019. Thus, the lease contract in this case was lawfully terminated by the plaintiffs' delivery of a duplicate copy of the complaint in this case to the defendants.

In addition, the defendants who occupy and use the instant real estate jointly amounting to KRW 15,305,020 (= KRW 10,780,000) and KRW 1,540,00 per month from January 1, 2020 to the delivery date of the instant real estate = 1,40,000 per month.

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