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(영문) 서울중앙지방법원 2018.12.20 2018가단5150319

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) As from November 7, 2018, 7,400,000 and as above.

Reasons

1. The following facts are either a dispute or recorded between the parties:

On December 23, 2017, the Plaintiff: (a) KRW 20,000,000 and KRW 1,000,000 per month for rental deposit with the Defendant for the first floor of real estate listed in the attached Table (hereinafter “the instant building part”); and (b) KRW 20,000 per month for rent.

2. A lease agreement (hereinafter “instant lease agreement”) is concluded between January 2, 2018 and January 1, 2020, with a fixed term of contract from January 2, 2018 and the late payment penalty of KRW 100,000,000.

(2) After the conclusion of the lease contract, the Defendant received the deposit from the Defendant and delivered the instant building part to the Defendant. The Defendant did not pay the rent from May 2, 2018, and the Plaintiff expressed his intention to terminate the lease contract of this case on October 23, 2018. The above written document was served on the Defendant on November 6, 2018. According to the above facts, since the lease contract of this case was lawfully terminated by the Plaintiff’s expression of intention to terminate the contract of this case, the Defendant delivered the instant building part to the Plaintiff, and (i) from May 2, 2018 to November 6, 2018, the termination date of the lease contract of this case, and (iii) from May 2, 2018 to November 16, 2018, the Defendant is obligated to pay the overdue rent of this case and late payment charge of 7,400,000 won [one million won to June 16, 2018] and the above written statement to the Defendant.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.