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(영문) 광주지방법원장흥지원 2017.05.31 2017가단88

건물명도(인도)

Text

1. The Defendants jointly do so to the Plaintiff:

(a) the indication of the Annexed Buildings D, E, F, G, and H on the Gangnam-gu Seoul Special Metropolitan City;

Reasons

1. Facts of recognition;

A. On August 1, 2015, the Plaintiff entered into a lease deposit with the Defendants on the first floor of the building indicated in the attached Form No. 1, 2, 3, 4, and 1 of the attached Form No. 1, among the 1st floor of the building owned by the Plaintiff, the lease deposit amount of KRW 1,00,000,000 (including value-added tax), and the lease period of KRW 400,000,000,000 (including value-added tax) from August 1, 2015, where the overdue overdue overdue amount reaches two months (Article 4 of the contract). The lease agreement was concluded between the Defendants, a lessee, to bear management expenses under the area of the leased land (hereinafter “instant lease agreement”).

B. As the Defendants did not pay the Plaintiff rent and management expenses from October 2015, the Plaintiff declared that the instant lease contract was terminated to the Defendants on January 3, 2017.

C. The Defendants’ overdue rent and management expenses (rent 6,829,000,000) are the sum of KRW 6,829,000 (rent 6,000,000, management expenses, and KRW 829,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including various numbers for those with a serial number) and the purport of whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendants’ failure to pay rent for more than two years.

Therefore, the Defendants, a joint lessee, jointly deliver the instant building to the Plaintiff, and (2) as sought by the Plaintiff, Defendant B, as to the total amount of KRW 6,829,00 of the rent and management fee not paid until December 31, 2016, from February 10, 2017, the following day after the duplicate of the instant complaint was served on Defendant B, and Defendant C, from March 14, 2017 to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 14, 2017 to the day after the duplicate of the instant complaint was served on Defendant C.