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(영문) 수원지방법원 2018.01.10 2017가단22014

건물명도등

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1. The defendant shall be the plaintiff.

(a) Of the six-storys of the real estate listed in the attached list, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Indication of claim;

A. On October 22, 2013, the Plaintiff, on the attached list owned by the Plaintiff, set the lease to pay to the Defendant the lease deposit amounting to KRW 15 million, the lease deposit amounting to KRW 76.5 square meters, from October 22, 2013 to October 22, 2015, with KRW 80,000 per month (excluding value-added tax) of KRW 30,000,000 per month, among the real estate 6 stories listed in the attached list owned by the Plaintiff, with the amount of KRW 1,2,3,4, and 100,000,000,000 per month, and determined that the contract may be terminated if the lease and management expenses are overdue for at least two months.

B. The Defendant received delivery of the part of the above inside ship and operated the head office with the trade name “C”. From May 2015 to May 2015, the Defendant unpaid monthly rent, etc. and unpaid the monthly rent of KRW 6,540,000 as of the end of 2015, and paid only KRW 2,760,000 for three months during the year 2016.

C. Around October 2016, the Plaintiff notified the Defendant that the instant lease agreement will be terminated if it was not paid by the end of 2016, but the Defendant did not comply therewith.

Accordingly, the Plaintiff terminated the instant lease agreement by serving a preparatory document dated November 21, 2017, on the grounds of the Defendant’s delinquency in the payment of two or more rents.

Therefore, the Defendant is obligated to deliver to the Plaintiff the portion of the ship upon the termination of the instant lease agreement, and pay damages equivalent to the rent calculated by the ratio of 150,000 won per annum from the day following the delivery date of the copy of the instant complaint to the day of complete payment with respect to the overdue rent of KRW 1874,00 (including value-added tax) and the damages for delay calculated by the ratio of 15% per annum from the day after the delivery date of the copy of the instant complaint to the day of complete payment, and to compensate for the damages equivalent to the rent calculated by the ratio of KRW 880,00 (including value-added tax)

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);