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(영문) 서울서부지방법원 2015.11.24 2015가단25948
건물인도등
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. The Defendants shall be jointly and severally liable for damages and losses.

Reasons

1. Facts of recognition;

A. On July 13, 2013, D entered into a lease agreement with Defendant B to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 42 million, KRW 33 million per month, and the period from July 13, 2013 to 24 months (hereinafter “instant lease agreement”), and around that time, D transferred the instant real estate to the Defendants.

B. On September 22, 2014, the Plaintiff purchased a building including the instant real estate from the said D and succeeded to the instant lease agreement.

C. The Defendants did not pay rent and management expenses before and after the conclusion of the instant lease agreement, and on March 19, 2015, the Plaintiff notified the Defendants of the intent to recover the instant real estate on the ground that the contract is terminated.

Nevertheless, the defendants refuse the plaintiff's request and continue to occupy and use the real estate of this case.

The amount equivalent to rents (including value-added tax and management expenses; hereinafter the same shall apply) and rents that the Defendants did not pay while occupying and using the instant real estate from January 2015 to July 2015 is 29,47,060 won in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above findings, the lease contract of this case was lawfully terminated due to the delivery of a copy of the complaint of this case containing an expression of intent to terminate the lease contract on the grounds of delinquency in rent.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

In addition, the Defendants are jointly and severally liable to pay the Plaintiff the overdue rent, management fee, and the instant real estate to the Plaintiff, in an amount equivalent to the rent, until they deliver the Plaintiff.

Therefore, the Defendants jointly and severally provided for in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 11, 2015 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the Plaintiff.

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