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(영문) 의정부지방법원 2019.06.12 2018가단130862
건물명도(인도)
Text

1. The defendants jointly do so to the plaintiff.

Attached Form

b) deliver the buildings listed in the list;

11,250,000 won and its corresponding.

Reasons

1. On August 31, 2010, the Plaintiff asserted that the building indicated in the separate sheet (hereinafter “instant building”) was leased to Defendant C by setting the lease deposit amount of KRW 3,000,000, monthly rent of KRW 400,000, and the lease period from September 14, 2010 to September 13, 2012.

On September 13, 2012, when the term of the above lease expires, the plaintiff and the defendant C have increased the rent to KRW 600,000 per month while renewal of the above lease.

On February 2, 2015, when the Plaintiff renewed the above lease agreement with Defendant C, the Plaintiff increased the lease deposit from KRW 4,000,000 to KRW 80,000 per month, and the Plaintiff decided to change the lessee’s name from Defendant C to Defendant B.

On the other hand, from August 31, 2010, the Defendants occupied and used the instant building together from around August 31, 2010 to now.

The Defendants did not pay the Plaintiff the rent from August 14, 2013 to the Plaintiff. Therefore, the Plaintiff’s said lease contract is terminated on the grounds of rent delay for more than two years by serving a duplicate of the instant complaint.

Therefore, the Defendants jointly deliver the instant building to the Plaintiff, and pay KRW 11,250,000 remaining after deducting KRW 4,000,000 from the overdue rent of KRW 15,250,000 from August 14, 2013 to October 14, 2018. The Defendants are obligated to pay unjust enrichment calculated at the rate of KRW 820,00 per month from the delivery date of the instant complaint, which is the termination date of the said lease to the completion date of delivery of the said building.

2. Judgment made by deeming the confession of claim against Defendant C: Articles 208(3)2 and 150(3) of the Civil Procedure Act.

3. Claim against the defendant B

A. On July 25, 2013, the Plaintiff leased the instant building to Defendant B with the lease deposit of KRW 4,000,000, monthly rent of KRW 600,000 (around July 25, 2013, separate management fee of KRW 10,000,000, and the lease period of KRW 10,000,00, respectively, as from July 31, 2013.

On February 2, 2015, the Plaintiff is the next one while renewed the above lease contract with Defendant B in order to renew it.

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