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(영문) 춘천지방법원속초지원 2019.12.06 2019가단663
건물인도 등
Text

1. The Defendants jointly and severally deliver the real estate listed in the separate sheet to the Plaintiff, and pay KRW 11,571,490 to the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. The Defendants are the inheritors of I who died on January 29, 2013.

(Defendant C and D are children of I, and Defendant E is the wife of J of I who died on March 24, 2008, and Defendant F, G, and H are children of the above J).

On May 15, 2009, the Plaintiff entered into a lease agreement between I and I to lease the real estate listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 33,00,000, and the period from June 12, 2009 to June 11, 2010 (hereinafter “the instant lease”). The Plaintiff handed over the instant building to I.

According to the instant lease agreement, the security deposit may be adjusted when price or other economic conditions change (Article 5), and the late payment charge shall be added if the security deposit is not paid by the due date for payment (Article 1(3)).

After that, although the deposit of this case was increased by KRW 47,780,000, I and the Defendants did not pay KRW 12,100,000 among the increased deposit, and the late payment charges due to the unpaid deposit amount reached KRW 4,266,470 as of April 26, 2019.

In addition, since I or the Defendants did not pay the management expenses of the building of this case, the overdue amount reaches KRW 7,305,020 as of April 26, 2019.

E. The Plaintiff terminated the instant lease contract to the Defendants by serving a duplicate of the instant complaint on the grounds of the said failure to pay the deposit and management expenses.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, since the instant lease agreement was terminated due to the failure to pay deposit and the delinquency in management expenses by I or the Defendants, the Defendants are jointly and severally liable (see Articles 654 and 616 of the Civil Act) to the Plaintiff, and the Defendants are obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the annual interest rate of deposit 4,266,470 won as of April 26, 2019, and the annual interest rate of KRW 11,571,490 (=4,266,470 won), and the annual interest rate of KRW 7,305,020 as of April 26, 2019.

3. Conclusion.

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