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(영문) 대구지방법원 서부지원 2018.07.12 2017가단14837

건물명도등

Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant B shall start on February 17, 2018.

Reasons

1. Facts of recognition;

A. Defendant B used the instant building from around 1997.

B. On April 27, 2005, the registration of ownership transfer was completed in the name of the Plaintiff with respect to the instant building.

C. On June 6, 2011, the Plaintiff entered into a lease agreement with Defendant B and the instant building, setting the lease term of KRW 10 million, KRW 10 million, and KRW 500,000 per month until February 16, 2012. At the time, Defendant B was sub-leased the instant building to Defendant C, and the Plaintiff was also aware.

On March 28, 2012, the Plaintiff entered into a lease agreement providing the term of lease from February 16, 2012 to February 16, 2014, deposit money of KRW 3 million, and monthly rent of KRW 800,000 for Defendant B and the instant building.

(hereinafter “instant lease agreement”). E.

After concluding the instant lease agreement, Defendant B paid the Plaintiff the monthly rent of KRW 800,000 to January 17, 2018.

(The rent of KRW 800,000 paid by Defendant B at the last time on January 17, 2018 is until February 16, 2018). [Grounds for recognition] The fact that there is no dispute, entry of evidence A1 through 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. As to the cause of the claim, the instant lease agreement was explicitly renewed twice and terminated on February 16, 2018 does not conflict between the parties. Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant B is obligated to pay the amount equivalent to the rent calculated at the rate of KRW 80,000 per month from February 17, 2018 to the completion date of delivery of the instant building.

B. As to the remainder of the Plaintiff’s assertion, the Plaintiff’s total rent from the preparatory brief dated February 4, 2018 to February 16, 2018 was 93.6 million won. Since the rent paid to the Plaintiff by Defendant B was 74 million won in total, it was overdue that it was 19.6 million won in total.

However, the previous overdue rent was settled when the Plaintiff entered into the instant lease agreement with Defendant B on March 28, 2012.