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(영문) 창원지방법원 거창지원 2017.01.17 2016가단1996

건물명도

Text

1. The defendant shall display to the plaintiffs an indication 1, 2, 3, 4, and 1 of the attached Form 2 among the real estate 115.26 square meters listed in the attached Table 1 list.

Reasons

1. Indication of claim;

A. On January 15, 2016, D leased the lease deposit amount of KRW 2,00,000, monthly rent of KRW 480,000, monthly rent of KRW 480,00, and period of lease from January 16, 2016 to January 15, 2017 to the Defendant (hereinafter “instant lease agreement”), among the real estate listed in the attached Table (hereinafter “instant real estate”), the second floor 201 (as indicated in the attached Table 2 drawings 1, 2, 3, 4, and 1; hereinafter the same shall apply) among the real estate listed in the attached Table (hereinafter “instant real estate”). Around that time, D transferred the instant room to the Defendant.

B. On April 4, 2016, the Plaintiffs purchased 1/2 shares of each of the instant real estate from D, and succeeded to the status of a lessor under the instant lease agreement by completing the registration of ownership transfer under the Plaintiffs’ name on May 10, 2016.

C. However, the Defendant did not pay the rent from May 2016, and the amount of the rent in arrears exceeded the amount of two times the rent in arrears.

Based on this, the Plaintiffs sent text messages to the Defendant on October 19, 2016, on which the instant lease agreement was terminated, and the said text messages sent to the Defendant around that time.

Since the instant lease agreement was lawfully terminated on October 19, 2016, the Defendant is obligated to deliver the instant room to the Plaintiffs.

In addition, the amount calculated by subtracting KRW 2,560,00 from the monthly rent of KRW 480,000 x monthly rent of KRW 480,000 x 1/3 2,80,000 from the amount calculated by dividing the amount of KRW 560,00 by the ratio of shares of the plaintiffs. Thus, the defendant is obligated to pay to the plaintiffs the delayed payment of KRW 280,000 and the late payment of KRW 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 30, 2016 to the day after the delivery of the copy of the complaint of this case.

E. Meanwhile, the Defendant occupied and used the instant room without permission even after the instant lease contract was terminated.