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(영문) 서울북부지방법원 2016.08.26 2016가단18491
건물인도등
Text

1. The Plaintiff:

A. The Defendants jointly indicate the annexed drawings on the 1st floor of the building listed in the annexed list, 1, 2, 3, and 4.

Reasons

1. Facts of recognition;

A. On March 5, 2013, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, the owner of the building listed in the attached list (hereinafter “instant building”) on the following terms: (a) from the Plaintiff, the said Defendant entered into a lease agreement with the Plaintiff to lease a deposit of KRW 10 million, KRW 9 million, and KRW 90,000,000,000 for rent monthly (hereinafter “instant store”) from March 8, 2013 to March 7, 2015, the part of the first floor of the instant building (hereinafter “instant lease agreement”).

B. Defendant C is a child of Defendant B, and the instant store is occupied and used by the date of closing argument of the instant case after the instant lease agreement was concluded.

C. Before the expiration of the instant lease term, the Plaintiff and the Defendants agreed to extend the lease term for six months from March 8, 2015 with monthly rent of KRW 700,000.

The Defendants, from June 20, 2015 to September 20, 2015, did not pay a total of KRW 2.8 million ( KRW 700,000 per month x 4 months) and a total of KRW 1.4 million ( KRW 700,000 per month x 2 months) on February 20, 2016 and March 20, 2016. On March 24, 2016, the Defendants notified the Defendants that the instant lease was terminated on the grounds of the expiration of the period or the period of two or more installments of the Defendants.

E. Since then, the Defendants paid to the Plaintiff KRW 3.5 million on March 31, 2016, and KRW 700,000 on April 20, 2016 and July 20, 2016.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, since the instant lease agreement was terminated lawfully by the Plaintiff’s notice of termination on the ground of the delinquency in rent at least two (2) period of the Defendants, the Defendants jointly have a duty to deliver the instant store to the Plaintiff, and the Defendants jointly and severally have a duty to deliver the instant store to the Plaintiff.

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