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(영문) 제주지방법원 2018.05.14 2018가단885

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 22,800,000 won and the same shall be applicable thereto. < Amended by Act No. 15613, Aug. 2,

Reasons

1. Indication of claim;

A. On July 28, 2015, the Plaintiff and the Defendant: (a) KRW 30,00,000 for lease deposit; (b) KRW 10,00,000 for the rent year; and (c) from July 28, 2015 to July 27, 2018 for the rent period; and (d) annual period for the rent payment.

7. 28. The real estate lease contract was concluded by setting forth as 28.

B. The Plaintiff received KRW 30,000,000 from the Defendant and KRW 10,000,000,000 from the Defendant, and at the same time delivered the instant building to the Defendant. The Defendant occupied and used the instant building until now.

C. The Defendant paid only KRW 7,200,000 among the rent of KRW 10,00,000 in 2015 to the Plaintiff, and did not pay KRW 2,800,000 for the remainder of the rent of KRW 2,80,000 for the year 2016 and KRW 10,000 for the rent of KRW 10,000 for the year 2017.

As the Defendant did not pay more than three rents, the Plaintiff sent a certificate of content to the Defendant on January 31, 2018, and expressed his/her intent to terminate the instant building lease agreement.

E. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the delayed rent of KRW 22,80,000,000 calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the delivery of a copy of the instant complaint to the day of full payment, and the amount calculated by the rate of KRW 833,334 per annum from July 28, 2018 to the day when the delivery of the instant building is completed.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).