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(영문) 제주지방법원 2020.10.19 2020가단53530
건물인도
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

On October 6, 2015, the Defendant leased the part (a) part (a) (hereinafter “instant building”) (hereinafter “instant building”) (a) connected in order to each point of the attached drawings No. 1, 2,3,4,5,6, and 1,000 among the two floors in the building listed in the attached Table No. 1 List No. 2 from F as of November 1, 2020 by setting the lease deposit term of KRW 10,000,000 per rent, and the lease term of KRW 12,00,000 per annum.

(hereinafter “instant lease agreement”). The Plaintiffs acquired the ownership of the instant building on December 20, 2017.

[Ground of recognition] The plaintiffs' assertions by the parties to Gap evidence Nos. 1 and 3, the purport of the entire pleadings, and the purport of the whole pleadings, the defendant requested that the plaintiffs pay the difference of KRW 12 million per annum to the plaintiffs around the end of October 2018 and KRW 1,050,000 per annum (including management expenses of KRW 50,000). This was accepted by the plaintiffs.

However, the defendant paid the rent by October 2019 and did not pay the rent thereafter.

Therefore, the Plaintiff terminated the above lease contract by serving a duplicate of the complaint of this case, and sought payment of expenses incurred in the delivery of the building of this case, the rent from November 2019, and the restoration of the original state of the building of this case.

The defendant asserted that the building of this case was restored to its original state on July 15, 2020 and delivered the building to the plaintiffs.

Judgment

The fact that the plaintiffs and the defendant agreed to change the rent of KRW 12,00,000 per annum to KRW 1,000 per annum, and that the defendant did not pay the rent from November 2019, there is no dispute between the parties.

Therefore, the lease contract of this case was terminated on March 17, 2020 by serving a copy of the complaint of this case, stating a declaration of intent to terminate the above lease contract, on the same day.

The defendant asserted that he delivered the building of this case to the plaintiffs around July 2020, and the plaintiffs did not specifically dispute the fact that he received the building of this case.

Therefore, the author seeks delivery of the building upon the termination of the instant lease contract.

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