(영문) 수원지방법원 2018.06.20 2017가단537974

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(영문) 수원지방법원 2018.06.20 2017가단537974

건물명도(인도)

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the parties' arguments

A. On November 12, 2014, the Plaintiffs leased the building indicated in the indication of the attached building (hereinafter “instant building”) to the Defendant, and the contract was automatically renewed. As the Defendant did not pay rent for at least three months, the Plaintiffs notified the termination of the lease agreement by content-certified mail on October 18, 2017, and notified the termination of the lease agreement by the delivery of the preparatory document dated December 28, 2017.

Therefore, since the lease contract between the plaintiffs and the defendant is terminated, the defendant is obligated to deliver the above building to the plaintiffs and pay the unpaid rent, unjust enrichment, and unpaid management expenses.

B. It was true that the Defendant did not pay the fees to the Plaintiffs, but around November 15, 2017, at the time of entering into and delivering a letter of commitment performance (Evidence A 13) on the following day, the Defendant maintained a lease agreement on the instant building and paid the unpaid fees, and the Plaintiffs were to withdraw the instant lawsuit. Accordingly, the Plaintiffs cannot comply with the instant claim.

2. Determination: (a) since the Defendant entered into a lease agreement with the Plaintiffs on November 2, 2014 with respect to the instant building owned by the Plaintiffs, the fact that the instant building operates the party headquarters in the said building; (b) the Defendant did not pay three or more months of monthly rent; and accordingly, the fact that the Plaintiffs notified the termination of the said lease agreement on October 18, 2017 does not conflict between the parties.

However, in full view of the purport of the entire arguments in the evidence Nos. 13 and No. 1, the defendant, around November 16, 2017, shall pay 5 million won, including the defendant's monthly rent of 4.62 million won for the unpaid month and the plaintiffs' legal costs of 3.80,000 won until November 30, 2017, and the plaintiffs agree to withdraw the lawsuit of this case. ② The defendant shall pay the monthly rent from December 2017 to the unpaid month.

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