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(영문) 부산지방법원동부지원 2020.08.18 2019가단3709
건물명도(인도)등
Text

1. From 10,00,000 won to 10,000 won, the Defendant shall have three floors from December 28, 2019 to 118.18 square meters among the real estate listed in the separate sheet.

Reasons

Facts of recognition

On September 27, 2015, the Plaintiffs, co-owners of the instant store, and the mother-and-child interested parties, leased the instant store to the Defendant as KRW 10,000,000, KRW 825,000 per month of rent (including value-added tax, and KRW 27,00 per month), and the period from September 27, 2015 to September 27, 2017, and the Plaintiff’s certificate No. 1 and No. 2 (each lease contract) stated only Plaintiff B as a lessor, but the Plaintiffs asserted that they are co-leaseds, and the Defendant did not dispute this.

On September 27, 2017, when the term of renewal of the above lease agreement was set from September 27, 2017 to the Defendant, the period was set as 12 months from September 27, 2017, and implied renewal for the above lease was completed on the expiration date of the above lease agreement.

(hereinafter “instant lease agreement”). On April 22, 2019, the date for filing the instant lawsuit, the Defendant delayed to pay the Plaintiffs the rent for January 1, 2019, 200.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 3, 6, and 7 (including branch numbers), and the facts of recognition as to the whole purport of the pleadings, the above facts of recognition are as follows: "the lease contract of this case is terminated on December 7, 2019, which served on the defendant on the defendant on the ground that the copy of the complaint of this case was terminated." Thus, the defendant is obligated to deliver the store of this case to the plaintiffs.

On the other hand, the duty to return the leased object arising from the termination of the lease agreement and the duty to return the remainder of the lease deposit after deducting the lessor’s overdue rent, etc. is jointly performed. According to the evidence No. 1, it is recognized that the Defendant paid the Plaintiffs a rent or unjust enrichment equivalent to the rent from December 2019 after the filing of the instant lawsuit. However, as long as the lessee has been in arrears for three years, the lessor has the right to terminate the contract.

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