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(영문) 수원지방법원 2020.09.10 2020가단7633
건물명도 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

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

(b) 19,800,000 Won;

Reasons

1. Basic facts

A. On July 29, 2013, the Plaintiff entered into a lease agreement with the Defendant Company for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the period from August 30, 2013 to August 29, 2019, as to deposit money of KRW 20,000,000, monthly rent of KRW 1,80,000 (excluding value-added tax), and the period from August 30, 2013 to August 29, 2019.

(hereinafter “Lease on July 29, 2013”) b.

On August 19, 2019, the Plaintiff entered into a lease agreement between August 29, 2019 and Defendant C, the representative director of the Defendant Company, with respect to the instant real estate, under the same conditions as deposit and rent, and the period from August 29, 2019 to August 29, 2024. The Plaintiff affixed a seal of the Defendant Company’s name on the back of the lessee’s name.

hereinafter referred to as "the lease of this case"

(C) As of February 29, 2020, the Defendants paid rent of KRW 19,800,000 to the Defendants. D. On March 18, 2020, the Plaintiff sent to the Defendants a certificate of content that notifies the termination of the instant lease agreement, and the above content certification was served on the Defendants on March 19, 2020. [Grounds for recognition] The Defendants did not dispute, Gap evidence 1 through 3 (each entry into a number, and the purport of the entire pleadings)

2. Determination

A. According to the facts of the judgment as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated on March 19, 2020 due to the Defendants’ delinquency in rent, and thus, barring any special circumstance, the Defendants are obliged to deliver the instant real estate to the Plaintiff and pay the Plaintiff the overdue rent or unjust enrichment equivalent to the rent.

B. The Defendants asserted that only the Defendant Company is a lessee of the instant lease agreement, and thus, the following circumstances, namely, the Plaintiff and the Defendant Company entered the Defendant Company’s trade name and business registration number at the time of the instant lease agreement on July 29, 2013. At the time of the instant lease agreement, the Defendant C’s name and resident registration number was stated.

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