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(영문) 서울서부지방법원 2018.11.28 2018가단202821
건물명도(인도)
Text

1. The Defendants shall deliver to the Plaintiffs the second floor of 77.21 square meters among the buildings listed in the attached list.

2. The Defendants jointly do so.

Reasons

1. Facts of recognition;

A. The Plaintiffs are owners of 1/2 shares of the building listed in the attached list.

B. On April 15, 2014, the Plaintiffs determined deposit money of KRW 30 million for the second floor of 77.21 square meters (hereinafter “instant store”) among the buildings indicated in the attached Table with Defendant D representing Defendant C (hereinafter “instant store”), the lease period of KRW 1.4 million for the rent month (excluding value-added tax), from February 28, 2014 to February 28, 2015; management expenses from May 1, 2014 to February 28, 2015; and the lessor may immediately terminate the relevant contract if the rent is overdue at least twice, and the lessor entered into a lease agreement with the Defendant C to bear the cleaning cost and the public use charge.

C. The Plaintiffs delivered the instant store to Defendant C pursuant to the above lease agreement, and Defendant D actually occupied and used the instant store from that time to the date of closing the argument of the instant case.

As of February 2018, unpaid rents, etc. for the instant store are KRW 34,313,620, management fees, KRW 2,826,560, electricity charges of KRW 23,449, water supply and sewerage charges of KRW 269,350, KRW 101,80, and KRW 37,534,70 in total.

E. In a preparatory document dated November 5, 2018, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of delinquency in rent at least two occasions by Defendant C, and the said preparatory document reached Defendant C on November 6, 2018.

[Grounds for recognition] Entry of Gap evidence Nos. 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated on November 6, 2018 on the grounds of the delinquency in rent at least two occasions by Defendant C, and the Defendant C, the lessee, is obligated to return the instant lease agreement to the original state following the termination of the lease agreement, and Defendant D, as the illegal occupant of the instant store, is obligated to deliver the instant store to the Plaintiffs, the lessor and the owner of the instant store.

In addition, Defendant C is subject to the instant lease agreement, and Defendant D is unjust enrichment.

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