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(영문) 서울중앙지방법원 2015.06.19 2014가단5082753
건물명도
Text

1. The Defendants are to the Plaintiff:

(a) deliver an attached building;

(b)joint and several (i) 37,700,000 won and any such amount;

Reasons

1. Basic facts

A. On November 21, 2012, the Plaintiff and the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants setting the lease deposit amount of KRW 27 million, monthly rent of KRW 4.95 million, and the lease term of November 21, 2012 from November 20, 2012 to November 20, 2017.

B. On the other hand, on November 22, 2012, the Defendants and I concluded a partnership agreement with the effect that they will build a commercial building on the leased land and operate the collection of frequencies.

C. Under the instant lease agreement, the Defendants, at their own expense, newly constructed a building on the leased land and reverted its ownership to the Plaintiff on the original condition. During the instant lease period, the Defendants agreed to use the said building and deliver it to the Plaintiff at the time of the termination of the lease agreement.

Under the instant lease agreement, the Plaintiff delivered the leased land to the Defendants, and the Defendants newly constructed a commercial building on the leased land and occupied and used it after completing registration of ownership preservation in the future of the Plaintiff on August 20, 2013.

E. On September 13, 2013, the Plaintiff sent a letter to the Defendants by content certification, stating the termination of the instant lease agreement on the grounds of unpaid rent at least three occasions. Around that time, the said letter reached the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on or around September 2013 by the Defendants’ failure to pay rent. Thus, according to the instant lease agreement, the Defendants transferred the building indicated in the attached Form to the Plaintiff, and jointly and severally, delivered the building in arrears to the Plaintiff by April 20, 2014, and KRW 377 million in total.

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