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(영문) 인천지방법원 2018.03.23 2017가단218887

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

B. KRW 10,500,000 and its related thereto, May 2017

Reasons

1. On August 29, 2016, Plaintiff 201, indicated in the separate sheet (hereinafter “instant building”) to the Defendant on the following grounds: (a) lease deposit of KRW 15 million; (b) monthly rent of KRW 2.1 million; and (c) lease of KRW 10 million from the Defendant from August 30, 2016; and (b) lease deposit of KRW 10 million from the Defendant; (c) on August 30, 2016, the Plaintiff received delivery of the instant building from the Plaintiff and continued possession and use of the building; but (d) the Plaintiff was not paid at all to the Plaintiff after December 1, 2016. The Plaintiff’s notification of termination of the said lease on the ground that the delivery of a postal certificate of content as of April 4, 2017 and a duplicate of the instant complaint was delayed.

① The duty to deliver the instant building, ② the duty to pay late payment damages after December 1, 2016 or April 30, 2017, as well as to pay late payment damages after May 1, 2017, and ③ the duty to pay rent or rent equivalent to KRW 2.1 million per month from May 1, 2017 to the completion date of delivery of the said building, respectively. The partial dismissal of the claim for late payment damages (the delivery date of a duplicate of complaint - January 19, 2018) by public notice (Article 208(3)3 of the Civil Procedure Act).