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(영문) 수원지방법원성남지원 2016.06.28 2016가단2566
건물인도
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party

A. Two floors among the buildings indicated in the attached real estate indication.

Reasons

1. Facts of recognition;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are the owners of buildings indicated in the attached property (hereinafter “instant building”).

B. On February 26, 2015, the Plaintiff and the designated parties shall pay to the Defendant the amount of KRW 10,000,000 of the second floor of the instant building (hereinafter “instant office”) to KRW 10,00,000, monthly rent of KRW 80,000, monthly rent of KRW 240,000, the period from February 29, 2015 to February 28, 2017, and KRW 100,000 per month in lieu of moving in in advance the remaining amount prior to the transfer of the remainder. In the event that the lessee is unable to perform the remainder, the Plaintiff and the designated parties agreed to immediately designate and lease (hereinafter “the instant lease”).

C. The Defendant began to use the instant office as delivery around February 2015 without paying the remainder of KRW 5,000,000 among the lease deposit.

Since the Defendant failed to pay KRW 800,000, out of the rent for August 2015, the Defendant continued to pay the remainder of the monthly rent and the lease deposit of the instant office thereafter, and the instant warden, stating the purport that “the Plaintiff and the designated parties on the ground of the unpaid rent and the delinquency in the payment of rent for at least two years shall terminate the instant lease contract,” was served on March 23, 2016 on the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement is deemed to have been terminated on or around March 23, 2016 upon the notice of termination by the Plaintiff and the designated parties on the grounds of the Defendant’s default of the remainder of the deposit deposit and the delay of rent. Therefore, the Defendant shall deliver the instant office to the Plaintiff and the designated parties, and shall pay a reasonable amount of unjust enrichment, such as rent and rent, based on the rate of KRW 800,000,000 (= KRW 800,000,000,000) from September 30, 2015 to the completion date of delivery of the instant office, from September 30, 2015 to September 30, 2015.

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