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Reasons
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(영문) 서울중앙지방법원 2021.03.16 2020가단5286129
건물인도
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1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

Facts of recognition

On January 27, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 50,00,000, monthly rent of KRW 6,600,000 (including value added tax), and the period from November 13, 2018 to November 12, 2019, to be leased to the Defendant B (hereinafter “instant lease agreement”).

Defendant B, at that time, occupied and used the instant real estate upon delivery, paid the tea as of the end of each month, but did not pay an amount equivalent to KRW 19,800,000 for the three-year period from June 1, 2020 to August 31, 2020.

Accordingly, on September 24, 2020, the Plaintiff notified Defendant B of his intention to terminate the instant lease agreement on the grounds of delinquency in rent, and the notification reached Defendant B on September 25, 2020.

Defendant C, as a partner of Defendant B, is operating a mutually named restaurant called “D” on the instant real estate without the Plaintiff’s consent or contract with the Plaintiff, and occupies and uses the instant real estate.

[Ground of recognition] According to the facts of recognition as above, Gap evidence Nos. 1 through 6, and the purport of the whole pleadings, the instant lease agreement was lawfully terminated on September 25, 2020.

Therefore, Defendant B transferred the instant real estate to the Plaintiff and returned it, and Defendant C has the duty to leave the instant real estate.

Meanwhile, according to the evidence and the purport of the entire pleadings as seen earlier, Defendant B did not pay KRW 25,30,000 [19,800,000 ( = 6,600,000 x from June 1, 2020 to August 31, 2020] for KRW 5,500,00 ( = 6,600,000 x x 25/3000 x 25/300) until September 25, 2020, Defendant B did not pay KRW 170,000 until October 31, 2020, Defendant B did not perform its duty to restore the pertinent real estate at the time of termination of the instant lease.

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