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(영문) 제주지방법원 2021.01.11 2020가단57389
건물인도
Text

1. The defendant's 14,150,00 won to the plaintiffs and 5% per annum from March 18, 2020 to January 11, 2021.

Reasons

Basic Facts

On March 18, 2015, the Plaintiffs leased the building indicated in the attached list (hereinafter “instant building”) to D, and the Defendant succeeded to the lessee status of the said lease agreement from D around June 20, 2016 and operated the said building.

On March 18, 2018, the Plaintiffs and the Defendant concluded a lease agreement with the term of lease KRW 20,000,000, annual rent of KRW 18,150,000 (including value added tax on March 18, 201) and the term of lease from March 18, 2018 to March 17, 2020.

[Grounds for recognition] Each entry (including branch numbers; hereinafter the same shall apply) in Gap evidence Nos. 1 through 4, and 7, and the summary of the plaintiffs' assertion in the purport of the whole pleadings, the defendant did not pay the following annual rent from March 18, 202 to March 17, 2021.

Therefore, the Defendant is obligated to pay the annual rent for the above period to the Plaintiffs (the Plaintiffs asserted that the said lease contract was terminated at the expiration of the original term or terminated on the grounds of not less than three years of delay in rent, and also filed a claim for the delivery of the instant building and restitution of the original state, etc.; however, during the lawsuit pending, the said lease contract was terminated until May 10, 2021, and only filed a claim for the payment of unpaid rent on the premise that

The court is bound to determine the scope of the plaintiffs' claims. Thus, the court does not determine the termination or termination of a lease contract, but does not determine the termination or termination thereof only to the part on the claim for unpaid rent. In full view of the evidence presented prior to the judgment and the purport of the entire pleadings, it is recognized that the lease contract between the plaintiffs and the defendant is annual rent of KRW 18,150,00, and the rent is to be paid in advance on March 18, 2020. The defendant paid all the amount of the rent by March 17, 2020, but did not pay it for one year from March 18, 2020 to March 17, 2021.

Therefore, the defendant.

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