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(영문) 의정부지방법원고양지원 2019.11.29 2019가단76807
건물명도(인도)
Text

1. For the plaintiffs:

(a) Defendant C shall deliver the real estate listed in the separate sheet No. 1, 2) KRW 9,880,000, and this shall apply.

Reasons

On February 6, 2018, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C on a deposit of KRW 20 million, the rent of KRW 1.6 million, the rent of KRW 1.6 million, and the period from March 30, 2018 to May 29, 2019 (hereinafter “instant lease agreement”).

Defendant C received and used the instant real estate from the Plaintiffs on March 30, 2018.

Around December 2018, Defendant C subleaseed the underground floor (the real estate listed in the attached Table 2 list) among the instant real estate to Defendant D, and Defendant D used the underground floor among the instant real estate at around that time by delivery from Defendant C.

By January 2019, Defendant C paid to the Plaintiffs a sum of KRW 6.4 million under the instant lease agreement, and delayed payment for at least three months. On February 11, 2019, Defendant C notified the Plaintiffs to the effect that “the instant lease agreement is terminated on the ground of overdue rent arrears,” and the said notification reached the Defendant C following day.

After that, Defendant C paid to the Plaintiffs a total of KRW 13 million by September 27, 2019.

[Ground of recognition] On the defendant C: The non-contentious facts, Gap evidence Nos. 1 through 10 (including partial defense numbers, hereinafter the same shall apply), and the purport of the whole argument as to the defendant D: According to the above facts of determination as to the grounds for claim of confession (Article 150(3) of the Civil Procedure Act), the lease contract of this case was terminated by the plaintiffs' legitimate exercise of right to terminate the contract. Thus, the defendant C is obligated to deliver the real estate of this case, and the defendant D is obligated to deliver the underground floor among the real estate of this case.

Furthermore, Defendant C’s total amount of KRW 28,800,000 for 18 months from March 30, 2018 to September 30, 2019 (=1,600,000 x 18 months) and value-added tax on the rent for July 9, 2019 for which the Plaintiffs seek.

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