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(영문) 대전지방법원 서산지원 2017.03.23 2016가합416

건물인도

Text

1. For the Plaintiff (Appointed Party) and the Appointed Party:

A. The Defendants are the Plaintiff (Appointed Party) and Defendant B.

Reasons

1. Indication of claim;

A. On September 4, 2015, the Plaintiff (Appointed Party), the designated parties, and Defendant B entered into a lease agreement with the term from September 8, 2015 to September 8, 2017, on the real estate listed in the separate sheet No. 30,000, monthly rent of KRW 1,800,000, and the contract term of KRW 1,80,000, and the period of the contract.

Defendant B paid a lease deposit to the Plaintiff (Appointeds) and the appointed parties, and then carried on singing business in the instant building, and Defendant C currently carries on singing business.

B. From February 2016, Defendant B did not pay monthly rent. Accordingly, the Plaintiff (Appointed Party) and the designated parties terminated the lease agreement on the ground of rent delay around October 2016.

C. Therefore, to the Plaintiff (Appointed) and the appointed parties, the Defendants are obligated to deliver the instant building at the same time with the remainder of 5,972,000 won (i.e., KRW 30,00,000 from the Plaintiff (Appointed Party) and the appointed parties (i.e., KRW 24,028,00 in total from February 8, 2017 to the date when the delivery of the instant building is completed, and (ii) from February 8, 2017 to the date when the delivery of the instant building is completed, the Defendants are obligated to pay the remainder of 2,204,000 won (= KRW 1,80,000 in monthly rent 1,80,000 in total, KRW 404,00 in total) from May 1, 2017 to the date when the lease deposit was fully deducted; and (iii) Defendant B is obligated to pay the money in accordance with Article 25(1) of the Civil Procedure Act from May 1, 201 to the date after the delivery of the building.