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(영문) 울산지방법원 2014.12.10 2014가단17403
임료 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 4,795,200 and as regards it, July 2014.

Reasons

1. Facts of recognition;

A. On July 2, 2002, the Defendant entered into a lease agreement on the lease of the instant building, as stated in the attached list, with a semi-owned housing company (hereinafter “sub-owned housing”) and the instant building as indicated in the attached list, by setting the deposit amount of KRW 25,00,000, monthly rent of KRW 170,000, and the period of October 1, 2007. From October 1, 2002, the Defendant resided in the instant building.

B. On October 1, 2011, the Defendant entered into a lease agreement with the term of KRW 25,00,000 per deposit, KRW 177,600 per month of rent, and the term of October 1, 2012 (hereinafter “instant lease agreement”).

C. On December 27, 201, 201, Gohap Housing sold the instant building to the Plaintiff. On January 16, 2012, the Plaintiff succeeded to the lessor’s status under the instant lease agreement by completing the registration of ownership transfer under its name with respect to the instant building.

According to Article 10(1)4 of the instant lease agreement, the Plaintiff may terminate the instant lease agreement if the Defendant has been in arrears for at least three consecutive months. The Defendant continued to delay the Plaintiff’s payment of the rent after March 1, 2012.

On June 25, 2014, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds thereof as the instant complaint, and the Defendant was served with the complaint on July 2, 2014.

[Reasons for Recognition] Unsatisfy, Gap 1-5, Eul 1-4 (including virtual numbers), the purport of the whole pleadings

2. The instant lease agreement was lawfully terminated on July 2, 2014.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

Furthermore, the Defendant is obligated to pay the Plaintiff the amount of KRW 4,795,200 (177,600 x 27 months) in arrears from March 1, 2012 to June 1, 2014, and the amount of delay damages calculated at the rate of 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 3, 2014 to the date of full payment following the delivery of the written complaint. From June 2, 2014 to the date of completion of delivery of the instant building.

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