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(영문) 서울중앙지방법원 2018.09.06 2018가단5028894
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

A. Of the buildings indicated in the attached list, the two-story 143 square meters, 143 square meters, and 143 square meters, among the buildings indicated in the attached list, shall be handed over.

Reasons

1. Basic facts

A. The Plaintiffs own each 1/2 share of the buildings listed in the separate sheet.

B. On April 23, 2017, the Plaintiffs entered into a lease agreement with the Defendant to lease all the second, third, and fourth (hereinafter “instant building”) of the building listed in the separate sheet with a deposit of KRW 50 million, monthly rent of KRW 4.4 million (including value-added tax), and the period from April 25, 2017 to April 24, 2018. The Defendant received the instant building at that time, and operated the following KRW 4,00,000,000,000 from May 2, 2018.

C. However, the Defendant did not pay a rent to the Plaintiffs once, and the Plaintiffs notified the Defendant on November 3, 2017 that the said lease was terminated on the grounds that the rent was overdue. D.

Meanwhile, since December 2017, the Plaintiffs did not manage the instant building at all, and the pipes were cut off, and paid a total of KRW 2,310,000,000 to the construction cost on December 23, 2017 and May 25, 2018. In addition, on behalf of the Defendant, the Plaintiffs paid KRW 2,309,560 in total the electricity and urban gas charges imposed on the instant building on July 2, 2018.

【Fact-finding without a dispute over the basis of recognition, entry of evidence A from No. 1 to No. 15, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts, the above lease contract was lawfully terminated by the plaintiffs' declaration of termination on the ground of the defendant's default of rent. Thus, the defendant is obligated to deliver the building of this case to the plaintiffs with the restoration due to the above termination, and to pay the above overdue rent, the corresponding amount of unjust enrichment, and damages for delay.

(2) Furthermore, with respect to the amount of rent, etc. that the Defendant is obligated to pay, the Defendant is the building of this case on April 25, 2017.

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