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(영문) 수원지방법원 성남지원 2018.09.19 2018가단210248
건물명도(인도)
Text

1. At the same time, the Defendant received KRW 27,00,000 from the Plaintiffs, and at the same time, is among the buildings listed in the separate sheet to the Plaintiffs.

Reasons

1. Basic facts

A. On April 7, 2015, the Plaintiffs leased (hereinafter “instant lease agreement”) a lease deposit of KRW 27 million, monthly rent of KRW 100,000 (payment on May 20, 2015), and the term of lease of KRW 113.22 square meters on board (hereinafter “instant commercial building”) connected the Defendant with each point of the attached Form 1, 2, 3, 4, and 1,000 square meters in sequence among the buildings indicated in the attached list (hereinafter “instant lease agreement”).

B. On March 20, 2018, the Defendant did not pay KRW 21,400,000 in total, as indicated in the current status of a vehicle in addition to the addition as of March 20, 2018.

C. On March 29, 2018, a duplicate of the instant complaint stating the Plaintiffs’ declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

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

2. According to the facts of the judgment on the cause of the claim, the lease contract of this case was lawfully terminated on March 29, 2018, on which the copy of the complaint of this case, stating the Plaintiff’s declaration of termination on the ground of delinquency in rent for at least two years, was delivered to the Defendant. As so, the Defendant is obligated to deliver the commercial building of this case to the Plaintiffs as restitution as requested by the Plaintiffs, at the same time, upon receiving the lease deposit amount of KRW 27 million from the Plaintiffs.

In addition, the Defendant, as of March 20, 2018, is obligated to pay the Plaintiffs 21,400,000 won in arrears as of March 20, 2018, and 15% in delay interest per annum as claimed by the Plaintiffs from March 30, 2018 following the delivery date of the copy of the complaint in this case to the date of full payment. From March 21, 2018, the day following the above payment base date, the Plaintiff is the unjust enrichment equivalent to the overdue rent or overdue rent from March 21, 208 to the date of loss of the Plaintiff’s ownership or the date of termination of Defendant’s possession.

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