(영문) 수원지방법원 2018.02.21 2017가단534432

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(영문) 수원지방법원 2018.02.21 2017가단534432

토지인도

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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The Defendants are jointly and severally liable to the Plaintiff.

Reasons

1. Facts of recognition;

A. From March 16, 2016, the Defendants: (a) leased the real estate listed in paragraph (1) of the attached Table No. 1 of the Plaintiff’s attached Table No. 1, the lease deposit amount of KRW 10 million; (b) the monthly rent of KRW 1.5 million; and (c) from April 15, 2016 to April 24, 2018; (b) the real estate listed in paragraph (2) of the attached Table No. 2 of the Plaintiff’s attached Table No. 1, the lease deposit amount of KRW 10 million; (c) the monthly rent of KRW 90,000,000; and (d) the lease period of KRW 1,000,000 from April 15, 2016 to April 24, 2017; and (c)

(hereinafter referred to as “the instant lease agreement,” which was concluded between the Plaintiff and the Defendants, was concluded, and the instant real estate was included in attached Tables 1 and 2.

According to the instant lease agreement, the Plaintiff may terminate the instant lease agreement immediately, and upon termination of the lease agreement, the Defendants shall restore the leased object to its original state and return it to its original state.

C. As the Defendants were unpaid from September 16, 2016, the Plaintiff urged the Defendants to pay the overdue rent by means of content-certified mail on November 22, 2016, and March 20, 2017, but the Defendants did not comply therewith.

On July 17, 2017, the Plaintiff notified the Defendants of the termination of the instant lease agreement on the grounds of delinquency in rent by content-certified mail, and the said content-certified mail reached the Defendants around that time.

E. The Defendants’ unpaid rent or unjust enrichment equivalent to rent is KRW 28.8 million, and the cost of restoring the original state is KRW 5.8 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendants’ delinquency in rent. Thus, the Defendants, a joint lessee, are the Plaintiff.

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