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(영문) 의정부지방법원 2015.05.27 2014가단116042
건물인도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver one story 334.01 square meters of land among the buildings listed in attached Table 1;

B. From April 1, 2014, as above.

Reasons

1. Facts of recognition;

A. On September 11, 2013, the Plaintiffs, each right holder of one-half of the real estate listed in the attached Table 1, concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the one-story 334.01 square meters of land among the real estate listed in the attached Table 1 (hereinafter “instant real estate”) with the Defendant, which is KRW 20,000,000, the lease deposit amount of KRW 12 months from September 11, 2013, the lease term of KRW 2 million from September 11, 2013, and monthly management fee of KRW 20,000,000 (excluding value-added tax) and KRW 20,000,000,000,000,000 for monthly management fee of the lessor’s business activities, and the Defendant operates an entertainment drinking house business with a business license listed in the attached Table 2 as “D”.

B. The Defendant did not pay the rent and the management fee from April 1, 2014, which was subsequent to the instant lease agreement.

C. Of property tax imposed on the Plaintiffs in 2014, the amount of heavy taxation due to the Defendant’s entertainment tavern business is KRW 1,422,286 for each of the Plaintiffs, and the statutory due date for payment is until July 31, 2014.

On October 6, 2014, the complaint of this case, including the expression of intent to terminate the instant lease agreement, was served on the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5 (including various numbers for each type of evidence), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the claim for delivery of a building, the contract of this case terminated by the plaintiffs' termination notification due to the defendant's default, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiffs.

B. On April 1, 2014, the Defendant filed a claim for unjust enrichment equivalent to the rent, value-added tax, management fee, or rent, with respect to the instant real estate from April 1, 201 to the Plaintiff.

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