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(영문) 서울북부지방법원 2020.05.07 2019가단18744
건물명도 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) Attached drawings (1), (2), (3), (4), and (5) of the buildings listed in the attached list;

Reasons

1. Indication of claim;

A. The Plaintiff entered into a lease agreement with the Defendants and the Plaintiff as of June 22, 2018 to June 21, 2020 with regard to the lease deposit amounting to KRW 15,00,000,000 (the last day of each month), monthly renting KRW 1,40,000 (the last day of each month), and the term of lease as of June 22, 2018 (hereinafter “the instant lease agreement”), and delivered the instant building to the Defendants.

B. The Defendants paid only the rent by March 31, 2019, and did not pay the rent from April 1, 2019.

Accordingly, on October 14, 2019, pursuant to Article 3 of the instant lease agreement, the Plaintiff sent to the Defendants any content-certified mail containing a declaration of intent to terminate the instant lease agreement on the grounds of the Defendants’ failure to pay rent for more than three years.

C. Therefore, the instant lease agreement is deemed to have been terminated due to the Defendants’ delinquency in rent. Therefore, the Defendants are jointly and severally liable to deliver the instant building to the Plaintiff and to pay the Plaintiff the rent calculated at the rate of KRW 1,400,000 per month from April 1, 2019 to the completion date of delivery of the instant building.

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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