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(영문) 청주지방법원충주지원 2019.11.14 2019가합272
건물인도 등
Text

1. The Defendant’s real estate from April 2, 2019 to April 2, 2019 from the Plaintiffs’ KRW 200,000.

Reasons

Facts of recognition

On June 16, 2018, the Defendant leased the instant real estate (hereinafter “instant lease agreement”) with D, E, F, G, H, and I, the owner of the instant real estate, on the condition that “The lease deposit is KRW 200 million, monthly rent: KRW 10 million, and the lease term: From July 2, 2018 to July 1, 2020,” the Defendant paid KRW 200 million according to the said lease agreement, and the Defendant was handed over the instant real estate on July 2, 2018, and is operating “Jel” in the instant real estate until now.

The Plaintiffs, upon purchasing the instant real estate from D, E, F, G, H, and I on January 8, 2019, agreed to succeed to the instant lease agreement. On February 28, 2019, the Plaintiffs completed the registration of ownership transfer (one-half shares, respectively, of the Plaintiffs) on the ground of the said sale.

The defendant did not pay the plaintiffs the rent from April 2, 2019.

On July 2, 2019, the Plaintiffs sent to the Defendant a certificate of the purport that the lease should be terminated if the rent is not paid by July 15, 2019, on the ground that the Plaintiff was not paid a rent for at least three months. Around that time, the said certificate was served on the Defendant.

【In the absence of dispute, the Plaintiffs succeeded to the lessor’s status under the instant lease agreement upon acquiring ownership of the instant real estate on February 28, 2019, as the grounds for recognition of the existence of dispute, the respective statements in Gap’s Nos. 1 through 4, and the purport of the entire pleadings. The Defendant did not pay the difference from April 2, 2019.

Therefore, since the Plaintiffs terminated the instant lease agreement with the content certification on July 2, 2019, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to pay the amount equivalent to KRW 5 million generated from April 2, 2019 to September 1, 2019 and KRW 10 million per month from September 2, 2019 to September 2, 2019 to the delivery date of the instant real estate.

Defendant 20 million won against the Plaintiffs under the instant lease agreement.

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