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(영문) 수원지방법원 2016.08.17 2015가단32208
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the separate sheet;

B. From June 4, 2015, the delivery of the above building.

Reasons

1. Facts of recognition;

A. The Plaintiffs share each of the buildings listed in the separate sheet (hereinafter “instant building”) at the ratio of 1/4 shares.

B. On July 2, 2014, the Defendant concluded a lease agreement with the Plaintiffs regarding the instant building from July 17, 2014 to July 16, 2016, the lease deposit amount of KRW 20 million, monthly rent of KRW 1.3 million (hereinafter “instant lease agreement”), and thereafter, is residing in the instant building from around that time.

C. On June 2, 2015, the Defendant did not pay monthly rent in arrears, and the monthly rent of KRW 4.6 million as of June 2, 2015.

Accordingly, on June 2, 2015, the Plaintiffs sent a content-certified mail to the Defendant that the instant lease contract is terminated on the grounds of delinquency in paying rent at least twice, and the said content-certified mail sent to the Defendant on June 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers, if any), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated on June 3, 2015 by the Plaintiffs’ notice of termination on the grounds of delinquency in rent at least twice the Defendant’s two times.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiffs, and return the amount calculated by applying the rate of 1.3 million won per month from June 4, 2015 to the completion date of delivery of the said building as unjust enrichment.

As to this, the Defendant asserts that the actual party to the instant lease agreement is F, not the Defendant, and therefore, the following circumstances acknowledged by the evidence, namely, the lessee’s column of the instant lease agreement, which is, the seal of F, rather than the Defendant’s seal, is affixed without any particular statement on the Defendant’s name side. However, F is the Defendant’s father and the Defendant appears to be residing in the instant apartment, and the lease deposit also appears to be attached.

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