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(영문) 수원지방법원안산지원 2020.01.08 2019가단6799
건물명도 등
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C and D Co., Ltd.

Reasons

1. On January 26, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit of KRW 20,000,000, monthly rent of KRW 1,550,000 (excluding value-added tax), and the period from February 1, 2018 to April 10, 2021.

Defendant B received the instant building from the Plaintiff, and paid only KRW 23,870,00 (including value-added tax x 14 months) out of the total monthly rent from February 2018 to March 2019 (including value-added tax) x 13,485,00 (= KRW 1,705,000 x 7 months x 1,500 x 1,500) to the present day.

In addition, Defendant B did not pay KRW 3,941,420 as management expenses from October 2018 to March 2019.

Defendant C registered the location of the instant building as the main office on the corporate register, and Defendant D Co., Ltd. registered the location of the instant building as the address at issue in the corporate register and occupied each of the instant buildings.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 5-1, 5-2, purport of the whole pleadings

2. According to the above facts of recognition, Defendant B did not pay more than three rent payments, and it is apparent in the record that the copy of the complaint of this case, on May 15, 2019, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in rent, was served on Defendant B. Thus, the instant lease agreement was lawfully terminated on May 15, 2019, barring any special circumstance.

Therefore, Defendant B is obligated to transfer the instant building to the Plaintiff following the termination of the instant lease agreement, and pay the Plaintiff the overdue rent of KRW 14,326,420 (i.e., KRW 23,870,00 in arrears - KRW 13,485,00 in - KRW 3,941,420) and the Plaintiff’s claim from April 11, 2019 to the delivery date of the instant building.

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