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(영문) 춘천지방법원 강릉지원 2021.01.27 2020가단30459
건물인도
Text

1. The Defendants shall deliver to the Plaintiff the 134.40 square meters of the 1st floor among the buildings listed in the attached list. 2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list.

B. On March 9, 2016, the Plaintiff and Defendant B concluded a lease agreement with the term of KRW 10 million, monthly rent of KRW 700,000,000, and the term of lease from March 18, 2016 to March 17, 2018 with respect to the total of KRW 134.4 square meters (hereinafter “instant store”).

(c)

After that, the Plaintiff and Defendant B entered into a contract to renew the term of lease from March 18, 2018 to March 17, 2020 under the same conditions as that of March 2018.

(d)

At the instant store, Defendant C registered a business in the name of Defendant C, and the Defendants jointly operated a car page.

E. Defendant B delayed payment of the rent from January 2019 and April 2019 to December 12, 2019. On December 16, 2019, the Plaintiff sent to Defendant B a certificate of contents that the Plaintiff terminated the instant contract on the grounds that he/she breached a lease contract, such as (i) delayed payment of rent, (ii) change of the name of the business operator, (iii) change of the name of the business operator, and (iv) transfer of deposit money, and (ii) requested the delivery of the instant store. Defendant B received this following day.

【Ground of recognition】 The non-contentious facts, Gap's entries in Gap's evidence 1 through 3 (including various numbers), and the purport of the whole pleadings

2. According to the above fact-finding, at least the instant lease agreement was lawfully terminated on December 17, 2019 due to the lessee’s delinquency in the rent of not less than three months of Defendant B, which is the lessee. Therefore, the Defendants are obligated to deliver the instant store to the Plaintiff, who is the owner’s interest lessor of the instant store.

In regard to this, if Defendant B, on December 2018, failed to pay monthly rent to a person who sub-leases and to pay rent to him/her at night, as above, Defendant B: (a) on December 2019, when a new passenger was in need of a contract with KRW 40 million and agreed to the Plaintiff by seeking to enter into a contract; (b) on several occasions or snows, the Plaintiff refused to pay monthly rent to the Plaintiff; and (c) on January 202, the instant case took place.

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