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(영문) 서울중앙지방법원 2018.06.20 2017가단5193302
건물명도(인도)
Text

1. The Defendants:

A. To deliver to the Plaintiff the real estate indicated in the attached Form;

B. The Plaintiff is jointly and severally liable for payment from July 5, 2017.

Reasons

1. Facts of recognition;

A. On February 26, 2017, the Plaintiff and the Defendants concluded a lease agreement with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with a deposit of KRW 20 million,000,000, monthly rent of KRW 1,270,000 (prepaid on March 5), and the term of lease from March 5, 2017 to March 4, 2019.

B. Article 4 of the contract provides that “If the deferred amount of rent exceeds the three-year rent, the lessor may terminate the contract immediately.”

C. The Defendants did not pay the Plaintiff rent from July 5, 2017.

[Ground for Recognition] Defendant C: The fact that there is no dispute between Defendant B and Defendant B; entries in Gap evidence 1 to 3; the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination (the delivery of a copy of the complaint in this case) due to the Defendants’ delinquency in rent, and the Defendants are jointly and severally liable to deliver the instant real estate to the Plaintiff, and to pay the amount calculated at the rate of KRW 1,270,000 per month or unjust enrichment equivalent to the rent in this case from July 5, 2017 to the date of completion of delivery of the instant real estate or the date of the Plaintiff’s loss of ownership, whichever comes earlier.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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