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(영문) 서울서부지방법원 2019.06.26 2018가단223347
건물명도(인도)
Text

1. The Defendants jointly deliver the real estate listed in the separate sheet to the Plaintiffs.

2. The Defendants jointly do so.

Reasons

1. Facts of recognition;

A. On January 1, 2018, the Plaintiffs entered into a lease contract with the Defendants and the Plaintiffs’ sharing (the share ratio shall be KRW 40,00,000, monthly rent of KRW 3,700,00 (excluding value-added tax), monthly common electricity charges and management expenses, and lease term of KRW 300,00,00, from January 1, 2018 to December 31, 2019, with regard to the real estate (hereinafter “instant real estate”) listed in the separate list of Plaintiffs C2/8 (hereinafter “instant real estate”), and the Defendants enter into a lease contract by prescribing that the contract may be terminated if a lessee fails to pay a rent for the three-year period from January 1, 2018 to December 31, 2019, and the Defendants operate the instant real estate as the art private teaching institute from that time until the date of closing the argument.

B. The Defendants did not pay the rent of KRW 890,00 out of the rent for February 2, 2018 and the rent for March 2 of the same year (the sum of the rent for one month and the management fee for 4,370,000) and the rent from April to June of the same year.

On July 4, 2018, the Plaintiffs notified the Defendants of the termination of the lease agreement on the ground of the overdue rent that it reaches the three-year rent, and reached July 9, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the instant lease agreement was terminated on July 9, 2018, and thus, the Defendants are jointly obligated to deliver the instant real estate to the Plaintiffs.

B. According to the facts of recognition of the aforementioned obligation to return rent and unjust enrichment, the Defendants paid to the Plaintiffs the overdue charge until July 9, 2018, and thereafter are obligated to return unjust enrichment. However, the Plaintiffs are obligated to additionally repay KRW 4,370,000 on April 19, 2019, when the Defendants partly repaid the amount of KRW 3,70,000 on June 5, 2018, and the Defendants paid KRW 13,110,000 on April 19, 2019, and KRW 4,370,000 on May 7, 2019. This part of the aforementioned repayment amount is overdue until February 28, 2019.

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