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(영문) 서울중앙지방법원 2018.06.20 2017가단44719
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the indication of the separate sheet A, B, C, D, and A shall be as follows.

Reasons

Basic Facts

On May 17, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in paragraph (1) of the disposition of the Plaintiff’s ownership (hereinafter “instant real estate”) as KRW 50,00,000, monthly rent of KRW 2,970,000 (excluding value-added tax), and the period from June 25, 2016 to June 24, 2018 (hereinafter “instant lease agreement”). On June 25, 2016, the Plaintiff handed over the instant real estate to the Defendant.

The Defendant paid only KRW 10,000,000 out of the lease deposit KRW 50,000,000 to the Plaintiff. From June 25, 2016 to October 24, 2017, the Defendant delayed in paying the monthly rent of KRW 29,620,000 after deducting KRW 10,000 from the lease deposit. As of October 24, 2017, the Defendant delayed paying the monthly rent of KRW 19,620,00.

On November 13, 2017, the Plaintiff expressed his/her intent to terminate the instant lease contract by serving a copy of the application for modification of the purport of the claim as of November 13, 2017 on the grounds of the Defendant’s delinquency in payment of monthly rent for at least three months. The duplicate of the application for modification of the above purport was served on the Defendant on November 17, 2017.

[Grounds for recognition] There is no dispute. According to the following facts: Gap evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply); the obligation to deliver real estate as to the cause of the claim as a whole; and the recognition of the obligation to pay unpaid monthly rents, etc., the lease contract of this case was lawfully terminated on November 17, 2017 by the plaintiff's declaration of termination on the ground of the defendant's failure to pay more than three times.

Therefore, the Defendant shall deliver the instant real estate to the Plaintiff, and pay the Plaintiff the unpaid monthly rent of KRW 19,620,000, and the Plaintiff’s claim for the payment of the said money from November 13, 2017 to the completion date of delivery of the instant real estate from November 18, 2017, which is the day following the day when the copy of the claim for modification of the purport of the claim was served to the Defendant. The Defendant shall pay damages for delay calculated at the rate of 15% per annum from November 18, 2017 to the day when the delivery of the instant real estate is completed.

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