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(영문) 인천지방법원부천지원 2019.02.15 2018가합103609

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) 76,500,000 won and this in respect thereof;

Reasons

1. On March 10, 2017, the Plaintiff leased each real estate indicated in the order (hereinafter “instant real estate”) to the Defendant as KRW 4.5 million (payment on April 10, 2017 through April 9, 2019, and monthly rent of KRW 4.5 million (payment on April 10, 201), and around that time, delivered the instant real estate, and the Defendant did not pay only once.

For this reason, the Plaintiff notified the Defendant of the termination of the lease agreement on July 17, 2018, and at that time the lease contract has been terminated. Accordingly, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and (2) to the Plaintiff, and (3) to pay the amount equivalent to KRW 4.5 million per month from August 10, 2018 to the completion date of the delivery of the instant complaint for the overdue rent of KRW 76.5 million (=17 months from March 2017 to July 2018) and the delay damages from the day following the delivery of the instant complaint.

2. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);

3. The Plaintiff seeking damages for delay from the date of delivery of the complaint with respect to the overdue rent, but the damages for delay by 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall accrue from the day after the written complaint is served (Article 3(1)). Therefore, the Plaintiff’s damages for delay exceeding the above recognized