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(영문) 인천지방법원부천지원 2019.06.20 2019가단1567
건물명도
Text

1. The defendant shall issue to the plaintiffs each point of the attached Form 1, 2, 5, 6, and 1 among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

가. 원고들은 2016. 8. 30. 피고와 별지 목록 기재 부동산 중 별지 도면 표시 1, 2, 5, 6, 1의 각 점을 차례로 연결한 선내 ㈎부분 사무실 126㎡(이하 ‘이 사건 건물’이라 한다)에 관하여 보증금 1,500만 원, 차임 월 143만 원(부가가치세 13만 원 포함, 매월 30일에 후불), 임대차기간 2016. 8. 30.부터 2017. 9. 29.까지로 정하여 임대차계약을 체결하였다.

B. In accordance with the above lease agreement, the Defendant operated a restaurant on the instant building, and from October 7, 2016 to January 21, 2019, the Defendant did not pay the Plaintiffs a total of KRW 1,533,00 (the rent of KRW 40 million to be paid = the rent of KRW 40 million to be paid) to the Plaintiffs.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 1 (including each number, if any) and the purport of whole pleading

2. In addition to the above facts of determination, it is reasonable to view that the lease agreement between the plaintiffs and the defendant was terminated at a latest around that time, since the fact that the copy of the complaint of this case was served on February 21, 2019 by demanding the defendant to deliver the building of this case on the ground of the delinquency in payment of three or more times of rent, is evident in the record that the contract for the building of this case was terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiffs, pay the unpaid rent of KRW 15,330,000,000 to the Plaintiffs, and to pay unjust enrichment equivalent to the rent of KRW 14,330,000 per month from January 31, 2019 to the completion date of delivery of the instant building.

3. The plaintiffs' claims against the defendant are justified, and all of them are accepted. It is so decided as per Disposition.

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