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Reasons
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(영문) 대전지방법원천안지원 2020.07.15 2020가단102675
건물인도
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1. The defendant against the plaintiff A,

(a) deliver the buildings listed in Attachment 1;

B. India from February 20, 2020.

Reasons

1. Facts of recognition;

A. On January 15, 2018, the Plaintiffs leased each of the buildings listed in the separate sheet to the Defendant as indicated in the following table during the period from January 15, 2018 to January 14, 202.

[Attachment Tax] KRW 2,050,000,000 for monthly rent of KRW 30,000,000 for the lease deposit of KRW 40,000,000 for the lease deposit of KRW 30,000,000 for the attached Table 2,050,000 for the lease property of Plaintiff A, Plaintiff C, and KRW 2,150,000 for the leased property of KRW 2,00 for the attached Table 2,00,000 for the lease property of Plaintiff C

B. At the time, the Plaintiffs and the Defendant determined that “where the Defendant fails to perform his/her duty to clarify and reinstate the leased object within five days even though the contract was terminated due to the termination, termination, etc. of the contract period, the Defendant shall pay 50% of the rent stipulated in the contract as a penalty in addition to the monthly rent, as a penalty, to the Plaintiffs.”

C. On January 15, 2020, the Plaintiffs notified the Defendant of the termination of each of the above lease agreements by content-certified mail, as the Defendant delayed payment of rent and management expenses more than twice. On January 17, 2020, the Plaintiffs also notified the Defendant of the termination of each of the above lease agreements by text message.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, since each of the above lease agreements has been lawfully terminated, the defendant is obligated to deliver each of the above lease agreements to the plaintiffs, and pay the amount calculated by adding 50% penalty to the monthly rent from February 20, 2020 to the completion date of each delivery (the plaintiff A shall be KRW 3,075,000 per month, the plaintiff B shall be KRW 3,225,00 per month, and the plaintiff C shall be KRW 3,000 per month).

3. All of the plaintiffs' claims are accepted.

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