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(영문) 수원지방법원성남지원 2016.05.12 2015가단34443
건물인도
Text

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

A. The 6th floor, the 7th floor, and the 8th floor of the building indicated in the separate sheet are 273.8 square meters.

Reasons

1. Facts of recognition;

A. On May 26, 2015, the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiffs”) concluded a lease agreement with the Defendant on May 26, 2015, including KRW 100 million, KRW 8910,000 per month, KRW 240,000 per month, management expenses, and June 30, 2015, from June 30, 2015 to June 29, 2017.

B. The Defendant paid only KRW 50 million out of the lease deposit by September 5, 2015, and did not pay the remainder of the lease deposit KRW 50 million.

On September 7, 2015, the Defendant promised to deliver the instant building portion if it fails to pay the remainder of the lease deposit to the Plaintiffs by September 7, 2015, and the rent and management fee for August 2015 and September 18, 2015.

The rent and management fee from June 30, 2015 to July 31, 2015, which is the beginning date of the lease term, seems to have been agreed to be exempted.

However, the defendant did not pay the remainder of the lease deposit until the above date, and even though he occupied and used the building of this case, he did not pay rent and management fee.

2. Determination and conclusion, the instant lease agreement was lawfully terminated upon delivery to the Defendant of a copy of the complaint containing the Defendant’s declaration of termination on the grounds of the remainder of the lease deposit and the overdue default.

Therefore, the defendant delivers the part of the building of this case to the plaintiffs as restitution, and as requested by the plaintiffs, the defendant is obligated to pay the overdue rent and management fee in arrears calculated by the ratio of KRW 1,1310,000 per month from December 18, 2015 to the delivery date of the copy of the complaint (=2,400,000 won for the management fee of KRW 8,910,000), or a corresponding amount of unjust enrichment.

The plaintiffs' claims are justified and accepted.

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