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(영문) 의정부지방법원 고양지원 2021.03.31 2020가단9001
건물명도
Text

The Defendants jointly do so to the Plaintiff:

A. Of the three floors of the building listed in the attached list, the indication of the attached drawings A, B, C, D, and D.

Reasons

1. Facts of recognition;

A. On December 10, 2019, the Plaintiff indicated to Defendant B as “three-story D” under the lease agreement, and indicated as “three-story D” on the ship, which successively connects each point of the three floors of the building indicated in the attached Table No. 1, B, C, D, and A among the three floors of the building indicated in the attached Table No. 3.

hereinafter “Lease object of this case” (hereinafter referred to as “Lease object of this case”) was leased KRW 15,00,000 per month of rent, KRW 1,100,00 per month of management fee, KRW 257,00 per month of management fee ( separate value-added tax on rent and management fee), and the period from December 11, 2019 to December 10, 2021 (hereinafter “the lease contract of this case”). B. The Defendant sublet the leased object of this case to the Defendant C with the Plaintiff’s consent on January 7, 2020.

(c)

Defendant B paid only one month of the rent and management expenses under the instant lease agreement to the Plaintiff and did not pay the remainder of the rent and management expenses. Accordingly, on June 30, 2020, the Plaintiff sent to Defendant B a certified mail to the effect that the instant lease agreement was terminated on the grounds that Defendant B was in arrears with at least two vehicles, and that the said content certified mail reached Defendant B around that time.

(d)

The Defendants are occupying the leased object of this case until now.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2, 3 and 5, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to each of the above facts, the instant lease agreement was terminated by the Plaintiff’s declaration of termination on June 30, 2020, and thus, the sub-lease agreement between the Defendants was terminated naturally.

Therefore, the Defendants are jointly obligated to deliver the leased object of this case to the Plaintiff, and pay the unpaid rent under the instant lease agreement and the amount equivalent to the unjust profit accrued from the possession and use of the leased object from the date of termination of the said lease agreement to the date of completion of the said delivery.

B. As to the amount of unpaid rent and unfair profit that the Defendants shall pay to the Plaintiff.

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