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(영문) 수원지방법원 2016.07.22 2015가합71361
토지인도
Text

1. Defendant A, B, and C shall deliver to the Plaintiff each real estate listed in the separate sheet Nos. 1 and 2.

2...

Reasons

1. Basic facts

A. As to the instant real estate No. 1, on November 10, 2014, the Plaintiff: (a) on November 10, 2014, each of the real estate listed in [Attachment 1 and 2] owned by the Plaintiff to the Defendant Company (hereinafter “instant real estate No. 1”).

(1) From November 11, 2014 to November 10, 2015, the term of lease was set as KRW 50,000,000 for rental deposit, KRW 8,000 for monthly rent (excluding value-added tax) and leased (hereinafter “instant lease agreement”).

(2) As of December 23, 2015, Defendant Company did not pay rent to the Plaintiff continuously from March 2015, the sum of the rent in arrears as of December 23, 2015 was 88,322,019, and the claim for the return of the lease deposit amounting to KRW 50,000,000 against the Plaintiff by Defendant Company was fully appropriated for the Defendant’s unpaid rent and the obligation for the payment of unjust enrichment equivalent to the rent.

3) Defendant B and C currently occupy and use the instant real estate No. 1 without the Plaintiff’s consent. 4) Meanwhile, on February 3, 2015, Defendant C jointly and severally guaranteed all obligations owed to the Plaintiff, including the Plaintiff’s unpaid rent and the obligation to pay unjust enrichment equivalent to rent.

5) On August 26, 2015, Defendant C and D requested the Plaintiff to rent KRW 20,000,000, monthly rent of KRW 2,700,000 (value-added tax separate) as at the present time, Defendant C and D made a promise to assume all legal responsibilities arising from the nonperformance if they fail to pay the lease deposit by September 10, 2015, and by October 25, 2015, Defendant C and D paid the Plaintiff the amount equivalent to KRW 38,322,019 (=the aggregate amount of arrears of KRW 88,32,019, KRW 50,000, KRW 500, and KRW 100 (value-added tax).

B. As to the instant 2 real estate, Defendant C from April 2015 to November 2015.

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