(영문) 광주지방법원 2017.05.16 2016가단25442

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(영문) 광주지방법원 2017.05.16 2016가단25442

건물명도

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1. The Defendants jointly do so to the Plaintiff:

A. Attached Form 2. It shall be restored to the original state as stated in Attached Form 1.

Reasons

1. Basic facts

A. On November 25, 2014, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants on the following terms, setting the lease deposit amount of KRW 20 million, KRW 2600,000 per month of rent, and the term of lease from December 6, 2014 to December 5, 2016 (hereinafter “instant lease agreement”).

Article 6 (Termination of Contract) Where a lease contract is terminated, the lessee (the defendant) shall restore the real estate of this case to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears and the amount of compensation are paid, he/she shall restrain it and refund the balance.

Matters of special agreement

2. Additional taxes shall be separately imposed, and management expenses shall be borne by lessees;

3. 20 million won under a joint name between the lessor and the lessee under a joint name that if the deposit is refunded after the completion of the contract after the completion of the contract in the future, the deposit shall be returned to the head of Tong in the name of the defendant B.

Provided, That in the case of unpaid monthly rent, 2.86,00 won, including the value-added tax, shall be deducted from the deposit, regardless of the joint name and each business operator.

B. On July 30, 2016, the complaint of this case containing the Defendants’ intent to terminate the instant lease agreement on the grounds of the delinquency in rent for more than two years.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. As the Plaintiff’s argument was terminated, the Defendants jointly transferred the instant real estate to the Plaintiff by way of restitution, and the Defendants jointly distributed the instant real estate to the Plaintiff, and unjustly distributed the instant real estate amounting to KRW 28.6 million, including KRW 31,830,700 (from January 6, 2016 to November 5, 2016) and unpaid management expenses (from February 2016 to October), and KRW 31,830,700, and KRW 2.6 million from November 6, 2016 to the date of delivery of the instant real estate.

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