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(영문) 서울서부지방법원 2020.02.13 2019가단254737
건물인도
Text

1. The Plaintiff:

A. The Defendants are each indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On August 22, 2018, the Plaintiff entered into a lease agreement between Defendant B and the Plaintiff on a deposit of KRW 3 million, KRW 350,00,00,00 for the portion of “A” connected in sequence 1,2,3,4, and 1 among the 1st floor of the building indicated in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) and KRW 44.118,000,000,000,000,000 won, monthly rent, and three years, respectively (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the said real estate to Defendant B.

B. (1) Defendant B, as of October 22, 2019, declared that the rent unpaid as of October 22, 2019, has reached KRW 2.1 million. Accordingly, the Plaintiff filed the instant lawsuit against Defendant B against the Plaintiff and expressed its intent to terminate the said lease. (2) The Defendants currently possess the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found above, the lease contract of this case was terminated on the ground of the delinquency in payment of rent for not less than two years of defendant B, and the defendants are obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances.

B. Furthermore, we examine the Plaintiff’s monetary claim against Defendant B.

3.50,000 won is the monthly rent under the instant lease agreement, the fact that Defendant B continues to possess and use the instant real estate, and the fact that Defendant B was the vehicle unpaid as of October 22, 2019, the total amount of KRW 2.1 million is as seen earlier, and the rent after the termination of the instant lease agreement is ratified as KRW 350,000 per month.

Therefore, Defendant B is obligated to pay to the Plaintiff the sum of the rent unpaid until October 22, 2019, KRW 2.1 million and the rent calculated by the ratio of KRW 350,000 per month from October 23, 2019 to the completion date of delivery of the instant real estate.

3. Conclusion, the plaintiff.

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