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(영문) 수원지방법원 성남지원 2018.05.11 2017가합405985

건물명도(인도)

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiffs KRW 103,045,161 as well as the interest rate from August 9, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On February 13, 2017, the Plaintiffs completed the registration of ownership transfer based on sale on January 16, 2017, with respect to each one-half portion of real estate listed in the separate sheet (hereinafter “instant real estate”).

Article 2 (Restriction on Use) (Restriction) No person shall rent a leased object for use as a general restaurant, and use it for other purposes without prior consent of A.

Article 4 (Deposit and Payment Time): Deposit: KRW 100 million, and shall be paid on February 13, 2017.

- Rent: 20 million won per month (excluding value-added tax) Article 5 (Term of Lease);

1. The term of lease shall be from February 13, 2017 to February 12, 202;

Article 7 (Rents)

1. Rent shall be paid on the 30th day of each month (Provided, That where 30th day is a legal holiday, the following day);

2. If B fails to pay the monthly rent to A by the date referred to in the preceding paragraph, the delinquent interest rate of 18% per annum from the date of delinquency shall be applied, and the late payment charge calculated by calculating the number of days shall be added thereto.

3. If monthly rent is overdue for at least two months, A shall unilaterally terminate a contract and deduct the rent and late payment charge for the contract from the deposit for lease;

Article 8 (Prohibition of Transfer, Sub-lease, etc.) No person shall transfer his/her rights and duties under a lease contract to a third party or sublease all or part of the lease property.

B. 1) The Plaintiffs are Defendant C Co., Ltd. (hereinafter “Defendant C”) on February 13, 2017.

B) The lease agreement on the instant real estate between the two parties (hereinafter “instant lease agreement”).

(A) The main contents of “A” are as follows (hereinafter “B”) and “B” refer to Defendant C:

(2) On February 13, 2017, the Plaintiffs handed over the instant real estate to Defendant C.

C. Defendant C did not pay rent from April 2017 to the Plaintiffs, and on August 7, 2017, the Plaintiffs notified Defendant C of the termination of the instant lease agreement as the content certification, and the following day.