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(영문) 서울동부지방법원 2019.06.20 2017가단142340

건물명도(인도)

Text

1. As to KRW 1,610,790 and its KRW 1,505,780 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 1, 2019 to April 24, 2019.

Reasons

1. Facts of recognition;

A. On November 27, 2015, the Plaintiff entered into a lease contract with B and the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant housing”).

The monthly rent of KRW 80 million (the Plaintiff’s subsidy of KRW 75.7 million, and the Defendant’s charge of KRW 4.3 million) shall be paid directly to B each month during the lease period from January 11, 2016 to January 10, 2018, and the Defendant’s monthly rent of KRW 100,000 to January 10, 2018.

B. On the same day, the Plaintiff entered into a lease agreement between the Defendant and the Defendant that the lease term of the instant house is the same as the above lease period, that the rent is KRW 126,790 per month, and that the late payment charge shall be applied to the interest rate specified in the attached Table 1 of the National Housing Fund Operation and Management Regulations, and around that time, occupied the instant house.

C. On August 8, 2017, B notified the Plaintiff that the monthly rent was in arrears, and the Plaintiff notified the Defendant that the lease contract was terminated on the ground that the monthly rent was in arrears for nine months.

The Defendant delivered the instant house on August 30, 2018, and the amount unpaid as of March 31, 2019 out of the monthly rent that the Defendant is obligated to directly pay to B and the monthly rent of the Plaintiff as of March 31, 2019 is KRW 1,610,790 (principal principal KRW 1,505,780, late interest 105,010).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the sum of KRW 1,610,790 in total and KRW 1,505,780 in total, and the amount of KRW 1,505,780 in total, from April 1, 2019 to April 24, 2019, the service date of the copy of the application for change of the purport of the claim and the cause of the claim in this case, 7% per annum, which is the rate of delay damages, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the

3. Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.