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(영문) 서울중앙지방법원 2020.07.22 2020가단5071266
건물인도
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. Of the buildings with one unit listed in paragraph (1) of the attached list, the entire second floor is 804.5 square meters.

Reasons

1. Facts of recognition;

A. Text 1. A

Of the buildings indicated in paragraph (1) of the attached Table No. 1, the entire second floor of 804.5 square meters (hereinafter “second floor of the building in this case”) is composed of 647.46 square meters (D, E, F, G) and part of the section for common use for the owners of the second floor (the toilet, elevator, corridor, etc.) for the owners of the second floor. The Plaintiff is the owner of the second floor of the building in this case.

B. On May 25, 2018, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the condition that the second floor of the instant building is KRW 100 million (including value-added tax), five years, 90,000 won (including value-added tax), and 24% (hereinafter “instant lease agreement”). At the time, Defendant C, the representative director of the Defendant Company, was jointly and severally liable for the Defendant Company’s obligation to pay to the Plaintiff under the instant lease agreement.

C. The Defendant Company has been transferred the second floor of the instant building to remodel it to the postnatal care center facilities, and has been occupied and used until now.

From June 2018, Defendant Company’s late late late December 31, 2019, the principal and interest of the rent in arrears as of December 31, 2019 came to be KRW 95,360,042, and the lease deposit amount of KRW 100 million was deducted due to the failure to pay the rent of KRW 9,900,000 from January 2020.

E. On January 21, 2020, the Plaintiff notified the Defendants that the instant lease contract was terminated on the grounds of the delinquency in rent.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the lease contract of this case was lawfully terminated due to the delinquency in rent by the defendant company, barring any other special circumstances, the defendant company as the lessee, and the defendant C as a joint and several surety under the lease contract, jointly and severally delivers the second floor of the building of this case to the plaintiff, and the above from February 1, 2020.

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