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(영문) 수원지방법원여주지원 2020.03.12 2019가단5248
건물명도
Text

1. The defendant is against the plaintiffs:

A. Of the indication of a building in the attached list, “2 floor 115.51 square meters” is “2 floor 15.5 square meters.”

Reasons

1. Facts of recognition;

A. On August 6, 2018, the Plaintiffs concluded a lease agreement with the Defendant, setting the lease deposit of KRW 10 million with respect to part of the instant building, and KRW 500,000 (value-added tax of KRW 10%), monthly rent of KRW 500,000 (value-added tax of KRW 10%) to be leased by the Defendant (hereinafter “instant lease agreement”).

B. The Defendant, who received part of the instant building from the Plaintiffs, did not pay to the Plaintiffs the monthly rent from December 7, 2018 to December 7, 2018.

C. The Plaintiffs expressed their intent to terminate the instant lease agreement to the Defendant by serving the duplicate of the instant complaint on the Defendant.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 6 and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of the claim, the instant lease agreement between the plaintiffs and the defendant was lawfully terminated by the plaintiffs' declaration of termination on the ground of the defendant's delinquency in rent.

Therefore, the defendant is obligated to deliver part of the building of this case to the plaintiffs, and since the plaintiffs' claims for return of unjust enrichment equivalent to the rent of this case or the rent of this case cannot be viewed as an indivisible claim by nature or agreement, it constitutes an indivisible claim (the claim relation between multiple parties under the Civil Act is, in principle, a divided claim relation and it is indivisible in accordance with the nature of a claim or agreement between the parties (see Supreme Court Decision 90Da13628, Oct. 27, 1992). Thus, it is obligated to return the rent of this case or unjust enrichment equivalent to the rent of this case from December 7, 2018 to the completion date of delivery of part of the building of this case from December 75, 200 [including value-added tax] to return the rent of this case or the rent of this case in proportion to the ratio of shares of the plaintiffs 1/2].

The plaintiffs are 50,000 won per month with respect to monetary claims, such as rent, etc.

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