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(영문) 수원지방법원안양지원 2019.10.17 2019가단3125

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. 5,156,30 won and its equivalent on March 22, 2019

Reasons

1. The following facts are acknowledged in light of each statement of evidence Nos. 1-7 and the purport of the entire pleadings.

A. On January 5, 2015, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate owned by the Plaintiff (hereinafter “instant real estate”); (1) on January 5, 2015, with a deposit of KRW 10,000,000, monthly rent of KRW 650,000, and with a period of January 13, 2016; and (2) on January 21, 2016, upon renewal of the said agreement, entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with a deposit of KRW 4,00,000, monthly rent of KRW 70,000, and the period of January 20, 2017.

B. The Defendant delayed the payment of KRW 1,400,000 in the aggregate of the rent for February and March (til March 21, 2019).

In addition, the Defendant did not pay KRW 3,077,530 (including interest in delay) in aggregate for the management expenses incurred from November 2017 to March 2019 regarding the instant real estate from November 2017, and the management body filed a lawsuit against the Plaintiff as the head of Suwon District Court Support 2019 Ghana Support 1260, the Plaintiff appears to have paid KRW 3,077,530 to the management body and paid KRW 678,800 for the said management expenses.

C. The Plaintiff expressed to the Defendant through the instant complaint that the instant lease contract was terminated on the grounds of the delinquency in rent, and the duplicate of the instant complaint was served to the Defendant on August 2, 2019.

2. Judgment on the plaintiff's claim

A. According to the above facts, the instant lease agreement was lawfully terminated on August 2, 2019 upon the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant, barring special circumstances, delivers the instant real estate to the Plaintiff, and KRW 5,156,30 (= KRW 1,400,000, KRW 3,077,530, and KRW 678,80) as to this, 5% per annum under the Civil Act from March 22, 2019 to August 2, 2019 when the copy of the instant complaint was served, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.