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(영문) 수원지방법원 2020.10.15 2020가단516779
건물인도
Text

The Defendants jointly do so to the Plaintiff:

(a)one floor of the general steel structure and other roof on the ground of the Gyeonggi-do Modrified City D;

Reasons

1. On October 9, 2019, the Plaintiff is ordered to make an order between E and E.

The lease deposit amount of KRW 20,00,000, monthly rent of KRW 1,980,000 (including value-added tax) and the lease contract from October 18, 2019 to October 17, 2021 (hereinafter “instant lease contract”).

As E died on January 6, 2020, the Defendants jointly inherited the Deceased, and the Defendants currently used the instant real estate as their office.

As the Plaintiff, on December 31, 2019, did not pay for more than three months until the filing date of the instant lawsuit, the Plaintiff expressed his/her intent to terminate the instant lease on the grounds of delinquency in rent by serving a duplicate of the instant complaint, which finally reached the Defendants on May 18, 2020.

[Ground of recognition] Facts without dispute, entries in Gap evidence 2, 3, and 4 (including virtual number), the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on the grounds of the delinquency in rent on May 18, 2020, and thus, the Defendants, who succeeded to the status of lessee of the network E, are jointly obligated to deliver the instant real estate to the Plaintiff.

In addition, as seen earlier, the Defendants occupied and used the instant real estate until now. Since the amount of profit from the possession and use of the instant real estate is the amount equivalent to the rent of the said real estate, the Defendants are jointly obligated to pay to the Plaintiff the unpaid rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,980,000 per month from January 1, 2020 to the completion date of delivery of the instant real estate.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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