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(영문) 울산지방법원 2018.11.09 2018가단9998
건물인도 등
Text

1. The Defendants are listed in the separate sheet Nos. 1, 2, 3, 4 and 1 among the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4, and 7, the Plaintiff and Defendant A entered into a lease agreement on the land of KRW 10 million, monthly rent of KRW 1.5 million, and KRW 1.5 million (Additional tax), which is indicated in the attached list, as indicated in the attached list, with respect to the land of KRW 1,2, 3, 44, and 75.83 square meters on board (hereinafter “instant real estate”). ② The Defendant A sublet the instant real estate to the Defendant B to sell mobile phone and mobile phone rinks on the instant real estate; ③ Defendant A did not pay the instant real estate from November 2017 to the Defendant, and thus the Plaintiff notified the termination of the lease agreement on the ground that the termination of the lease agreement was late as of April 11, 2018.

Therefore, the instant lease agreement is deemed terminated on April 11, 2018, and thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance, barring any special circumstance. Thus, the Defendants are obligated to deliver the instant lease agreement to the Plaintiff, even if they are not so, the Defendant A did not pay more than three vehicles since March 2018, and the instant application for modification of the purport of the claim was served to Defendant A on October 4, 2018.

In addition, Defendant A, as a lessee of the instant lease agreement, is obligated to pay the Plaintiff the monthly rent of KRW 1.5 million from March 1, 2018 (from March 1, 2018 to March 1, 2018, the monthly rent unpaid due to the Defendant’s partial payment of the unpaid rent) to the Plaintiff as unjust enrichment equivalent to the monthly rent or the monthly rent from March 1, 2018 to the date the delivery of the said real estate is completed.

2. Judgment on the defendants' assertion

A. While recognizing the fact that the Defendants did not pay rent, the Defendants concluded the instant lease agreement, the Plaintiff did not issue the guarantee insurance certificate to Defendant A even though the Plaintiff had issued it to Defendant A, and each of the instant real estate.

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