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(영문) 광주지방법원 2019.12.31 2019가단508375
건물명도(인도)
Text

1. The plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiffs, and the remainder by the Defendant.

Reasons

1. Basic facts

A. On June 30, 2017, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) concluded each lease agreement with the Defendant on the following terms, setting the lease term as to each real estate listed in the separate sheet (hereinafter “each of the instant E or F stores,” and “each of the instant stores at the time of common name”) from July 30, 2017 to July 29, 2020.

Plaintiff A 15,000,000 won for 990,000 won for Plaintiff A 15,000,000 for the commercial building of this case, including value added tax for monthly rent for lease of the object of lease, and KRW 90,00 for Plaintiff B 15,000,000 for the commercial building of this case, KRW 90,000 for the commercial building of this case, Plaintiff B 15,000,000 for the commercial building of this case, which was KRW 935,000 for the commercial building of this case, including value added tax for monthly rent for lease of the object of lease.

B. The Defendant received delivery from the Plaintiff A and B of each of the instant commercial buildings, and operated the IMO in the instant E and G commercial buildings, and the Jho-gu Office in the instant H and F commercial buildings.

C. From August 1, 2018, the Defendant did not pay the monthly rent for each of the instant commercial buildings from August 1, 2018 to the filing date of the Plaintiff’s lawsuit, and the Plaintiff and B expressed their intent to terminate each of the instant lease contracts by serving a duplicate of the instant complaint on the Plaintiff and B.

In addition, the defendant did not pay 1,460,910 won for management expenses incurred in relation to each of the instant commercial buildings on September 2018 to the plaintiff C.

E. Meanwhile, on August 9, 2019, the Defendant handed over each of the instant commercial buildings to Plaintiff A and B, and deposited the amount claimed by the Plaintiffs as the instant lawsuit with the Gwangju District Court Nos. 7499, 7500, 7500, and 7501 on August 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including the number of evidence available), the purport of the whole pleadings

2. According to the facts of the above recognition, a lease contract for each of the instant commercial buildings is due to the Defendant’s delinquency in rent for at least three years.

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