(영문) 대구지방법원 2020.02.20 2019가단142074

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(영문) 대구지방법원 2020.02.20 2019가단142074

건물명도(인도)

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1. The Defendants’ respective Plaintiffs:

(a) deliver the buildings listed in the separate sheet;

B. From October 29, 2019, the foregoing.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the buildings listed in the separate sheet (hereinafter “instant building”) and lessors who leased the instant building to the Defendants. The Defendants are those who jointly use the instant building for the purpose of real estate sale, development, etc. in Daegu City F at their domicile, other than the instant building, by leasing the entire units of the building, Nos. 7, H, I, J, K, and L, other than the instant building.

B. On October 12, 2017, the Plaintiffs entered into a lease agreement with the Defendants (hereinafter “instant lease agreement”) between KRW 15,00,000 as to the instant building, KRW 1,200,00 as to monthly rent of KRW 1,200,00 as to the instant building, and the lease agreement between October 28, 2017 and January 27, 2020 (hereinafter “instant lease agreement”).

C. According to the Defendants’ nonperformance of contractual obligations, the Plaintiffs transferred the instant building to the Defendants. The Defendants did not pay management fees from March 2019, and did not delay as from May 2019.

On July 2019, the Plaintiffs filed the instant lawsuit after notifying the Defendants of the termination of the instant lease agreement several times on the grounds of the delinquency in monthly rent for at least three months, and the period of lease has expired while the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated upon the expiration of January 27, 2020, and thus, barring any special circumstance, the Defendants are obligated to deliver the instant building to the Plaintiffs, and to pay rent or unjust enrichment equivalent to KRW 1,320,00 (including surtax) from October 29, 2019 to the completion date of delivery of the instant building, as they seek by the Plaintiffs.

The plaintiff from October 29, 2019 to the completion date of delivery of the building of this case 673.

유사 판례

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