(영문) 수원지방법원평택지원 2017.09.19 2017가단3401

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(영문) 수원지방법원평택지원 2017.09.19 2017가단3401

건물인도 등

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1. The Defendants jointly do so to the Plaintiff

(a) deliver the buildings listed in the separate sheet;

(b) KRW 23,400,000 and July 2017.

Reasons

1. Determination on the cause of the claim

A. On June 5, 2015, the Plaintiff entered into a lease agreement with the Defendants on the attached list (hereinafter “instant building”) from May 24, 2015 to May 24, 2017, with respect to the lease deposit amounting to KRW 55,00,000, the lease deposit amounting to KRW 1,800,000 for the rent month (hereinafter “instant lease agreement”), and the lessee’s delayed payment amount reaches three (3) years of rent, the lessor may immediately terminate the instant lease agreement, and the Defendants agreed to pay KRW 30,000,000 to the Plaintiff by the lease deposit amount of the instant lease, and the Plaintiff’s closing of argument was recognized to have paid KRW 400,000 for the total amount of KRW 1,80,000,000 for the rent of three (3) years of rent.

(2) According to the above findings of determination, the Defendants were found to have been in arrears at least 13 times prior to the filing date of the instant lawsuit. Thus, the instant lease contract was terminated upon arrival of the Defendants on April 19, 2017, when the duplicate of the complaint containing the Plaintiff’s declaration of intent to terminate the instant lease contract on the grounds of delinquency for at least three years in arrears.

Therefore, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the overdue rent and the unjust enrichment equivalent to the rent by the completion date of delivery of the instant building.

The amount of the rent and the amount of the rent equivalent to the rent from May 24, 2015 to July 24, 2017 (=1,800,000 x 26 months x 26 months) is a total of 23,400,000 won (=14,900,000 won) and the amount of the rent paid by the Defendants until this time is a total of 23,40,000 won (=14,900,000 won). Thus, the rent in arrears and the amount of the rent equivalent to the rent in arrears as of July 24, 2017 = 23,40,000 = 46,80,000 - 23,400; and

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