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Reasons
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(영문) 수원지방법원 성남지원 2018.01.12 2017가단212452
건물인도 등
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1. The Defendants jointly do so to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

(b) 8,516,129 won;

Reasons

1. Facts of recognition;

A. On May 31, 2016, the Plaintiff entered into a lease agreement with Defendant C (Defendant B’s ASEAN) with regard to the building indicated in the separate sheet (hereinafter “instant building”), 15,000,000 won as security deposit, 80,000 won as security deposit monthly rent (paid on May 30, 201), and from May 30, 2016 to May 29, 2018 (hereinafter “instant lease agreement”).

B. Defendant B paid a deposit of KRW 15,00,000 to the Plaintiff, and received the instant building on May 31, 2016, and Defendant C operated a singing room on the instant building.

C. Defendant C agreed with the Plaintiff to pay the difference under the instant lease agreement with Defendant B.

The Defendants did not pay the tea from July 1, 2016.

E. On April 30, 2017, Defendant C closed singing business.

F. On May 8, 2017, the Plaintiff sent to the Defendants a certificate of content that the Plaintiff would terminate the contract without paying the overdue charge by May 20, 2017, and reached the Defendants around that time.

G. The Defendants did not pay the difference in arrears until May 20, 2017.

H. The Plaintiff filed the instant lawsuit on June 7, 2017.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the facts found as above, the instant lease agreement was lawfully terminated on May 20, 2017 due to the Defendants’ delinquency in rent.

Therefore, the Defendants jointly have the duty to deliver the instant building to the Plaintiff.

B. The Defendants in arrear are jointly obligated to pay to the Plaintiff KRW 8,516,129 [The sum of the rent for 20 days from July 1, 2016 to May 20, 2017 for which the instant lease contract was terminated” [the rent of KRW 8,00,000 (the rent for ten months from July 1, 2016 to April 30, 2017) 516,129 (the rent for ten months from May 1, 2017 to May 20, 201)].

C. The Act on Undue Benefits after May 21, 2017 is amended.

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