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(영문) 수원지방법원 2020.02.04 2019가단545054
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Defendants are jointly and severally liable to the Plaintiff.

Reasons

1. The following facts are acknowledged in full view of evidence Nos. 1 to 11 and the purport of the entire pleadings.

A. On May 25, 2018, the Plaintiff entered into a lease agreement with the Defendants that leases the instant real estate owned by the Plaintiff to the Defendants with the following content (hereinafter “instant lease agreement”).

Deposit: The period of KRW 10,000: The monthly rent from May 31, 2018 to May 30, 2020: the special agreement on KRW 1,100,000 (excluding value-added tax) shall be a free lease from May 31, 2018 to July 30, 2018, and the rent may be paid after July 31, 2018, if the rent is overdue, and the lease may be terminated if the rent is overdue.

B. The Defendants paid to the Plaintiff a deposit of KRW 10 million until May 25, 2018, and occupied the instant real estate from May 31, 2018 to May 31, 2018.

C. The Defendants did not pay the Plaintiff rent and the value-added tax thereon (hereinafter “rent”). D.

On January 30, 2019, the Plaintiff sent to the Defendants a content-certified mail to the effect that the instant lease agreement is terminated on the grounds of the Defendants’ delinquency in payment for at least three times of rent. The said content-certified mail was delivered to Defendant B on January 31, 2019, but the said content-certified mail was not delivered to Defendant C.

E. On August 2, 2019, the Plaintiff: (a) terminated the instant lease agreement on the grounds of the Defendants’ delinquency in rent for at least three years; (b) filed a complaint stating that the Plaintiff sought delivery of the instant real estate and the payment of unjust enrichment equivalent to the rent or rent; and (c) the instant warden was served on Defendant B on October 5, 2019, and on September 19, 2019 on Defendant C, respectively.

2. Determination

A. The instant lease agreement was lawfully terminated by the Plaintiff’s termination on September 19, 2019, on the ground that the instant complaint was served on Defendant C on at least three occasions on September 19, 2019.

One or both of the parties.

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