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(영문) 서울중앙지방법원 2015.08.28 2015가단62034

부동산인도 등

Text

1. The defendant is against the plaintiffs:

(a) Attached Form 2, which is part of the real estate listed in the attached list 1 list, shall be indicated in the A, B, C, and

Reasons

1. Indication of claim;

A. On December 10, 2008, the plaintiffs and the defendant concluded a lease agreement (as to the lease deposit of KRW 3,000,000, and the lease term of KRW 350,000 from December 10, 208 to December 9, 2009) with respect to the portion (Ga) of 18.8 square meters in the ship connecting each point of the real estate listed in the attached Table 1 jointly owned by the plaintiffs among the real estate listed in the attached Table 1, which is jointly owned by the plaintiffs (hereinafter referred to as the "real estate of this case"), and the defendant occupied and used the real estate of this case as of December 1, 2008, since the lease agreement was implicitly renewed thereafter.

B. From August 1, 2013, the Defendant delayed the payment of monthly rent, and the instant lease agreement was lawfully terminated by the delivery of a copy of the instant complaint containing the Plaintiffs’ declaration of intent to terminate the contract on the grounds of the Defendant’s delayed payment.

C. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay the amount calculated by deducting KRW 3,50,000 from the monthly rent of KRW 24 months from August 1, 2013 to July 1, 2015, the amount calculated by deducting KRW 3,00,000 from the monthly rent of KRW 8,40,000, and the amount calculated by deducting KRW 3,50,000 from the monthly rent of KRW 24 months from the date following the delivery date of a copy of the instant complaint from July 19, 2015 to the date of delivery of the instant real estate.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).