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(영문) 의정부지방법원 고양지원 2018.08.30 2017가단86664
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Defendants jointly do so to the Plaintiff, and 26.

Reasons

1. Facts of recognition;

A. On December 201, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), with a deposit deposit of KRW 10 million and KRW 800,000 per month rent (excluding value-added tax), and increased the monthly rent of KRW 100,000 (excluding value-added tax) around October 2013.

On December 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) by increasing the monthly rent of KRW 1.2 million to KRW 1.2 million (excluding value-added tax), and the Defendants jointly use the instant real estate as a warehouse.

B. From April 2015, the Defendants did not pay rent and electricity charges. On March 2016, the Defendants agreed to deduct the rental deposit amounting to KRW 20,426,564, totaling the rent and electricity charges that the Defendants did not pay by March 2016 (i.e., value-added tax of KRW 1,362,432, the unpaid electricity charges of KRW 1,362,432, and the Plaintiff and the Defendants agreed to deduct KRW 10,000,000 from the foregoing payment.

C. After that, the Defendants did not pay rent and electricity charges, and did not delay the payment of rent and electricity charges of KRW 26,713,759 as of the end of July 2017.

On January 3, 2018, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency of rent three times or more by the Defendants was served on the Defendants.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated by the service of the duplicate of the complaint of this case.

Therefore, barring special circumstances, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and the Defendants jointly (joint lessee bears an indivisible obligation).

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