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(영문) 수원지방법원안양지원 2020.03.05 2019가단7349
건물명도(인도) 등
Text

1. Defendant B:

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 5, 4, and 1.

Reasons

Basic Facts

On October 3, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 3 million, KRW 350,000 per month (payment after October 12, 2015), and the lease term from October 12, 2015 to October 12, 2016, with respect to the portion (A) size 25.37 square meters in a ship connected in sequence with each point of the attached drawings among the real estate listed in the attached list (hereinafter “instant building”).

Defendant B, based on the instant lease agreement, received the instant building from the Plaintiff and allowed Defendant C to occupy and use the instant building. The Defendants are occupying and using the instant building until now.

Defendant B did not pay to the Plaintiff the rent from December 2018 under the instant lease agreement, and even after deducting the total amount of KRW 3 million from the unpaid rent, Defendant B did not pay the rent from October 13, 2019 under the instant lease agreement.

[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1 and 3, and the part of the claim for extradition as to the grounds for the claim as to the whole purport of the argument, but the plaintiff's declaration of intent to terminate the lease contract of this case on the grounds of not less than three years of the lease contract of this case is clearly recorded in the records that the copy of the complaint of this case was delivered to defendant B on October 3, 2019. Thus, the lease contract of this case was lawfully terminated on October 3, 2019 due to the plaintiff's declaration of intent to terminate the lease contract of this case.

I would like to say.

Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff.

There is no dispute between the parties that: (a) Defendant B did not pay from October 13, 2019 any rent or unjust enrichment claim to the Plaintiff; and (b) Defendant B did not pay any rent of KRW 3 million from the unpaid rent pursuant to the instant lease agreement to the Plaintiff, as from October 13, 2019.

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