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(영문) 광주지방법원 2016.11.15 2016가단9792
건물명도
Text

1. The defendant is against the plaintiffs:

(a) reinstate and order the real estate listed in the Schedule to its original state;

(b) 34,550,000 won; and

Reasons

1. Basic facts

A. On June 13, 2013, the Plaintiffs: (a) leased real estate listed in the attached list (hereinafter “instant building”) to the Defendant, with a deposit of KRW 70 million; (b) monthly rent of KRW 4.5 million; (c) monthly rent of KRW 4.5 million; (d) and (e) the lease term from June 13, 2013 to June 13, 2018.

B. The Defendant began to delay the payment of monthly rent from November 2014. The Defendant paid 84,150,000 won (=4,950,000 won x 17 months) out of the total monthly rent to be paid from November 31, 2014 (payment date: October 31, 2014) to March 2016 (payment date: February 28, 2016).

C. The Plaintiffs notified the termination of the instant lease agreement through the instant complaint, and the instant warden served on April 6, 2016 on the Defendant.

Meanwhile, on May 30, 2016, the Defendant transferred the claim to the Plaintiffs for the refund of the lease deposit to the North Mine Credit Union, and at that time, the notification of the transfer of the claim was made to the Plaintiffs.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, the purport of the whole pleading

2. According to the above facts finding as to the cause of claim, the instant lease agreement is deemed to have been lawfully terminated on or around April 6, 2016 following the declaration of intention of termination on the ground of rent delay. Thus, barring any special circumstance, the Defendant is obligated to restore the instant building to its original state and order the Plaintiffs to order the restoration, barring any special circumstance. The Defendant is obligated to pay damages for delay calculated at the annual rate of 5% per annum as stipulated in the Civil Act from March 1, 2016 until July 19, 2016, which is the date following the date of March 1, 2016, the delivery of a copy of the application for alteration of the purport of the instant lease and the cause of the claim, from March 1, 2016 to July 19, 2016, and from the next day to the date of full payment until April 16, 2016 to the date of payment.

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