logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.07.11 2017가단55094
건물인도 등
Text

1. Defendant B and C shall be the Plaintiff:

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

(b) joint and several 7,0650,000 won;

Reasons

1. Facts of recognition;

A. On March 6, 2014, F entered into a lease contract with Defendant B and C with a rental deposit of KRW 50 million, monthly rent of KRW 3,300,000,000 from March 6, 2014 to March 5, 2019 (hereinafter “instant lease contract”), and Defendant B and C operate a soup room from the instant real estate.

B. Defendant B and C subleted the portion (B) on the ship (A) of the attached drawing Nos. 1, 2, 3, 4, and 1 among the four floors of the instant real estate in sequence with Defendant E, and the portion (B) of the attached drawing Nos. 1, 2, 3, 4, and 1 among the attached drawings Nos. 1, 2, 3, 4, and 1 among the five floors of the instant real estate in sequence to Defendant D.

C. Meanwhile, Defendant B and C concluded the instant lease agreement and continued to delay the remainder of the lease, only on two occasions, including July 15, 2014 and January 16, 2015.

The Plaintiff donated the instant real estate from F on February 8, 2017 and completed the registration of ownership transfer on the 10th of the same month. On March 20, 2017, the Plaintiff acquired from F the total of the rents in arrears from F to Defendant B and C before the transfer of the instant real estate to Defendant B and C, KRW 5,9.45 million = 3.3 million x KRW 3.55 million (one-day rent from February 6, 2017 to October of the same month) - KRW 6.6 million (five-day rent from February 6, 2017 to the same month) - KRW 5.6 million - the sum of the management fees in arrears and 21 million x 60 million x 3.5 months x 3.5 months x 2,23.23.23.

E. On March 24, 2017, the Plaintiff notified Defendant B and C of the termination of the instant lease agreement on the ground of the overdue rent of at least three times over the period prior to and after the succession to the instant lease agreement, which reached the said Defendants around that time.

F. Defendant B and C deposited KRW 3,300,000 to the Plaintiff on August 10, 2017.

[Ground of Recognition] Facts without dispute, entry in Gap evidence 1 to 11 (including the serial number) and the whole pleadings.

arrow