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(영문) 서울동부지방법원 2021.02.16 2020가단145530
건물인도
Text

1. The defendant delivered to the plaintiffs the whole three floors among the real estate listed in the separate sheet. 2. The defendant delivered the plaintiffs.

Reasons

1. According to the overall purport of Gap evidence No. 1 and No. 10 of the judgment on the cause of the claim, the plaintiffs are those who jointly own three floors among the real estate listed in the separate sheet (hereinafter "real estate of this case") 1/2, and on September 3, 2018, the plaintiffs entered into a lease agreement with the defendant on September 3, 2018 on the basis of the lease deposit of 20 million won, monthly rent of 1,200,000 won, management fee of 120,000 won, management fee of 1,00,000 won, and lease term of 1,00,000 won, from September 4, 2018 to September 3, 2020, the defendant leased and used the real estate of this case at least three times after possession, and the plaintiffs were notified on the ground that the lease agreement of this case was terminated on March 20, 200, and the reasons for arrears of 200.

According to the above facts, since the lease contract of this case on the real estate of this case was terminated due to the defendant's delinquency in payment, the defendant is obligated to deliver the real estate of this case to the plaintiffs, and pay the amount calculated by the ratio of 7,810,000 won (15,620,000 won x 1/2) as the unpaid monthly rent and management expenses until October 3, 2020 x 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 3, 2020 to the date of complete payment, and the amount calculated by the ratio of 12% per annum from October 4, 2020 to the date of completion of delivery of the real estate of this case from October 4, 2020 to the date of completion of delivery of the real estate of this case x 1/2).

2. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

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