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(영문) 수원지방법원 2020.12.16 2020가합18807
건물인도
Text

1. The Defendants are to the Plaintiff:

(a) deliver each real estate listed in the separate sheet;

B. From May 30, 2020, the above paragraph A.

Reasons

1. On November 15, 2019, the Plaintiff, as indicated in the instant lease agreement, leased each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendants, with a deposit of KRW 200,000,000 per month, KRW 22,00,000 per month of rent (including value-added tax, and payment on the last day of each month), and the lease period from August 31, 2019 to July 31, 2024 (hereinafter “instant lease agreement”), and thereafter, handed over the instant real estate to the Defendants.

The Plaintiff received KRW 100,000,000 out of the deposit by November 11, 2019, and the remainder of KRW 100,000,000 among the deposit (hereinafter “the remainder of deposit”) was paid in installments as of the end of each month from November 30, 2019 to October 31, 2020.

The main contents of the instant lease agreement are as follows.

Article 5 (Cancellation of Contract) If a lessee does not pay an intermediate payment (if there is no intermediate payment), the lessor shall reimburse the remainder of the down payment, and the lessee may rescind the contract by giving up the down payment.

Article 7 (Termination of Contract) (2) In cases where a lessee fails to pay the rent for a period of three years, or violates Article 4 (1), the lessor may terminate the contract without returning the deposit.

[Matters of Special Agreement]

2. Co-Lessees shall be jointly and severally liable to pay rent and remaining security deposits.

3. If the lease contract of this case is terminated due to a cause or event attributable to more than one joint lessee, the joint lessee should not only return unjust enrichment equivalent to the rent, but also pay to the lessor KRW 300,000,000 as damages due to the cancellation of the contract.

From December 30, 2019, the Defendants paid KRW 21,000,000 out of the rent for November 2019 and KRW 10,000,000 out of the remainder of deposit.

The Plaintiff, on January 23, 2020, i.e., KRW 33,000,000 = 1,000,000 out of the rent for November 2019.

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