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(영문) 수원지방법원성남지원 2016.01.07 2015가단8451
건물인도 등
Text

1. The Plaintiff:

A. Defendant B and Defendant C shall be jointly and severally divided into the second floor of the building indicated in the attached Form.

Reasons

1. Facts of recognition;

A. On May 19, 2014, the Plaintiff entered into a lease agreement between Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C with respect to the instant building, which is KRW 10 million, KRW 1350,000 per month, KRW 1350,000 per month, KRW 100,000 per month, and the term of lease from May 19, 2014 to May 10, 2016.

B. Defendant B and Defendant C delayed the payment of rent after August 10, 2014, and the Plaintiff notified Defendant B and Defendant C of the termination of the instant lease agreement on the grounds of overdue rent, around November 27, 2014.

C. Meanwhile, on January 6, 2015, Defendant D agreed to pay jointly and severally with Defendant C the overdue charge on the instant building part to the Plaintiff.

After the filing of the instant lawsuit, the Defendants paid KRW 3 million as part of the rent in arrears to the Plaintiff on April 6, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination and conclusion, the instant lease agreement was lawfully terminated according to the Plaintiff’s declaration of termination.

Therefore, Defendant B and Defendant C are jointly and severally liable to deliver the instant building part to the Plaintiff due to the termination of the lease agreement. ② The Defendants jointly and severally are obligated to pay the remainder of money calculated by deducting the above three million won from overdue rent (including management expenses) or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1450,000 per month from August 10, 2014 to the delivery date of the said building.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as there is no ground.

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