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(영문) 수원지방법원 2021.02.04 2020가단561748
건물인도
Text

Defendant C:

(a) deliver 140.2 square meters of one story among the real estate listed in the attached list;

(b) from September 27, 2020.

Reasons

1. Facts of recognition;

A. On May 18, 2019, the Plaintiffs leased 140.2 square meters of the first floor among the real estate listed in the attached Table to Defendant C (hereinafter “the instant building”) to Defendant C, KRW 20 million, monthly rent of KRW 3.85 million (including value added tax), and the lease period is set from May 27, 2019 to May 26, 2021 (hereinafter “the instant lease agreement”); and on the other hand, sold facilities, such as the house equipment, fixtures, and air conditioners in the instant building to KRW 45 million.

B. As of May 31, 2019, Defendant C was unable to pay the Plaintiff KRW 36.95 million in total, including KRW 26.95 million and KRW 10 million out of the purchase price (i.e., KRW 26.95 million) as of May 31, 2019, Defendant C paid KRW 20 million out of the above accounts until August 26, 2020 with the Plaintiffs. However, Defendant C agreed to pay KRW 16.95 million each day to the Plaintiff, and Defendant C agreed to pay KRW 20 million from the above accounts until August 26, 2020. Defendant C agreed to pay KRW 16.95 million of the remaining accounts (i.e., KRW 36.695 million - KRW 20 million) to the Plaintiff, and Defendant C agreed to further repay the obligations (hereinafter “instant agreement”).

(c)

As of September 26, 2020, Defendant C paid a total of KRW 46,950,000 (i.e., KRW 36,9550,000,000) in the rent and sales amount not paid by Defendant C as of September 26, 202.

On November 25, 2020, Defendant D paid KRW 7,700,000 to Plaintiff A as the repayment of the agreed amount under the instant agreement.

E. The Plaintiffs notified Defendant C of the termination of the instant lease agreement through the copy of the instant complaint on the ground that Defendant C did not comply with the agreed terms and conditions under the instant agreement, and later, the rent in arrears is not less than three minutes in arrears, and on the other hand, through a duplicate of the instant complaint, the purport of the instant claim and a copy of the application for modification of the cause of the claim, the amount of KRW 20 million should be appropriated for the payment of the unpaid rent and the purchase-price.

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