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(영문) 의정부지방법원 2020.07.03 2019가합54177
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff:

A. Attached 2 Map 1,2,3,4,5,6. Of the 3-story 19,000 square meters of buildings listed in attached Table 1, the third floor of the building is indicated in attached Table 1.

Reasons

1. Basic facts

A. On February 14, 2013, the Plaintiff: (a) designated and leased to the Defendants the portion of (a) part 1085.40 square meters in the ship (hereinafter “instant real estate”) among the three-story of the building listed in the attached Table 1 as KRW 1,2,3,4,5,6,7,8,9,10,11,12,13,14, and 100,000 (including value-added tax) for three years from the date of concluding the lease contract; (b) the lease deposit was KRW 100,000,000, monthly rent was KRW 11,00,000 (including value-added tax); and (c) around that time, the Plaintiff handed over the instant real estate to the Defendants.

The instant lease agreement contains the content that the Defendants shall pay the difference in advance on the first day of each month, and where the payment of the rent is delayed, the Plaintiff shall pay a delay fee of 20% per annum to the Plaintiff.

B. The Defendants did not pay a rent under the instant lease agreement from around 2014 to May 2016, and on May 2016, the Plaintiff agreed to deduct the existing rent in arrears with the Defendants from the lease deposit to reduce the lease deposit to KRW 50,000,000, and to reduce the rent to KRW 7,000 per month (including value-added tax).

C. From January 2018, the Defendants paid the Plaintiff KRW 21,00,000 as the rent under the instant lease agreement (i.e., KRW 7,000,000 paid on January 14, 2018, KRW 7,000 paid on March 30, 2018, KRW 7,000 paid on May 17, 2018, and did not pay the remainder.

Accordingly, on April 30, 2019, the Plaintiff submitted to this court a complaint of this case containing an expression of intent to terminate the instant lease agreement on the ground of the following delay for at least three months of the Defendants. On May 19, 2019, Defendant B and Defendant C served a duplicate of the complaint on May 16, 2019.

From February 14, 2013, the Defendants jointly occupied the instant real estate from February 14, 2013 to the date of the closing of argument, and used the instant real estate as a compound with a margin.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, and Eul evidence 1.

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