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(영문) 울산지방법원 2017.06.08 2016가단26791
건물명도 등
Text

1. The defendant shall appoint the plaintiff (appointed party) and the appointed party:

(a) Attached drawings of the fourth floor of the real estate listed in the attached list;

Reasons

1. Facts of recognition;

A. On April 27, 2016, the Plaintiff (Appointeds) and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) entered into a contract with the Defendant using the name of C on the attached list to lease KRW 33.057 square meters (hereinafter “instant real estate”) on the fourth floor of the real estate listed in the attached list, which connects each point of the (A), 1, 2, 3, 4, 400,000 won of the lease deposit, 40,000 won of the rent month, and 12 months of the lease deposit (hereinafter “instant contract”).

B. The Plaintiff et al. delivered the instant real estate to the Defendant under the instant contract, but the Defendant did not pay the rent to the Plaintiff et al. by May 31, 2016.

C. Accordingly, on December 5, 2016, the Plaintiff et al. expressed to the Defendant the intent to terminate the instant contract through the instant complaint, and the duplicate of the instant complaint was served on the Defendant on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the determination and conclusion, the instant contract was lawfully terminated upon delivery to the Defendant of a duplicate of the complaint containing an expression of intent to terminate the contract by the Plaintiff, etc.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, etc., and to pay the amount of overdue rent or unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 400,000 per month from June 1, 2016 to the completion date of the above delivery.

Therefore, the claim of this case by the plaintiff et al. is legitimate, and it is so decided as per Disposition.

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