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(영문) 울산지방법원 2020.05.14 2019가합16525
토지인도
Text

1. The Defendants are to the Plaintiff:

(a) Of the real estate listed in the attached Table 1 list, each point of Attached Form 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), and the Defendant medical corporation C (hereinafter “Defendant corporation”) is a medical corporation that operates the F Hospital in Ulsan-gu D and Edong located in the vicinity of the instant real estate.

Defendant B is the representative of the Defendant corporation and a person who operates a health club, etc. in the trade name called G.

B. On April 7, 2018, the Plaintiff entered into a lease agreement with Defendant B on a monthly rent of KRW 9 million (excluding value-added tax; hereinafter the same shall apply) and one year (from April 7, 2018 to April 6, 2019) (hereinafter “instant lease agreement”) with respect to the instant real estate, and upon the termination of the lease agreement, the Plaintiff decided to remove all the facilities installed by Defendant B and restore it to its original state. The Defendant corporation jointly and severally guaranteed the Plaintiff’s obligation under the lease agreement with Defendant B.

C. From August 2018, Defendant B failed to perform the obligation to pay the rent under the instant lease agreement from around August 2018, Defendant B paid KRW 25 million, which is a part of the overdue rent, on April 16, 2019, and again paid the rent in arrears.

On May 31, 2019, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of the delinquency in rent.

E. For the operation of the parking lot, Defendant B installed a parking fee collection facility (container) on the ground of the instant real estate as described in the paragraph (a) of the disposition No. 1, and up to now, Defendant B occupied and used the instant real estate as the parking lot site.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts, it is apparent in the calculation that Defendant B was not guilty of the difference exceeding the second period under the instant lease agreement. Thus, the instant lease agreement was lawfully terminated and terminated around May 31, 2019 by the Plaintiff’s notice of termination of the contract.

Therefore, the Defendants are liable for damages to the Plaintiff.

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