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(영문) 서울중앙지방법원 2017.11.29 2017가단5169958
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff

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

(b) KRW 4,400,000 and April 2017.

Reasons

In addition to the purport of the entire pleadings as stated in the evidence Nos. 1 through 3, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) on March 22, 2017; ② the Plaintiff entered into a lease agreement with the Defendant B on April 28, 2017 to lease the instant real estate by setting the deposit amount of KRW 10,000,000 (including value-added tax) on the first day of each month; and the period of April 29, 2018 (hereinafter “instant lease agreement”); ③ the Defendant C shall enter into the said lease agreement upon request from the Defendant B; the Plaintiff completed the move-in report on the instant real estate on June 20, 2017; and ④ the Defendants did not pay the amount equivalent to the rent or rent for May 2017 to the Plaintiff.

It is evident in the record that the duplicate of the complaint of this case, stating the Plaintiff’s expression of intent to terminate the contract of this case on the ground of the rent delay of Defendant B, was delivered to Defendant B on September 18, 2017.

Therefore, the contract of this case was lawfully terminated at that time.

Defendant B and Defendant C, the occupant of the instant real estate, are jointly obligated to jointly deliver the instant real estate to the Plaintiff, who is the owner of the said real estate holding concurrent office as lessor, and to pay unjust enrichment or damages equivalent to the rent calculated by the ratio of KRW 1,100,000 per month from June 1, 2017 to September 1, 2017, and the sum of rent or rent equivalent to the monthly rent or rent equivalent to the monthly rent, from October 1, 2017 to the completion date of delivery of the instant real estate.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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