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(영문) 부산지방법원동부지원 2020.05.06 2019가단216529
건물명도(인도)
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

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

B. 527,108 Won and June 16, 2019

Reasons

1. Basic facts

A. On February 15, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,000,000, and the lease term of KRW 15,000,000 from February 15, 2018 to February 15, 2020, and the monthly rent was paid at the 15th of each month.

B. After Defendant D’s request, the Plaintiff and the Defendants changed the lessee under the above lease agreement to Defendant B, Defendant D’s children, around May 2018.

C. At the time of the conclusion of the instant lease agreement, Defendant D received the instant real estate from her husband and used it as a warehouse for storage of materials for shocking operations with her husband C, and there was no change in the above type of use even after the said change was made.

The Defendants delayed payment of part of the rent from April 1, 2018 to August 2018 as follows, and the rent from August 16, 2018 to August 15, 2018 was not paid at all. As regards the rent that the Defendants delayed and paid from August 16, 2018 to June 15, 2019, the amount of delay damages calculated at the rate of 6% per annum as stipulated in the Commercial Act, based on November 15, 2019, is as follows:

The amount of damages for delay due on April 15, 2018, April 15, 2018, the actual payment date of which is 5, 2018. 4. 4. 19, 123, June 15, 2018, July 294, 2018, 767, July 15, 2018, 37,082, 082, 37, 64. 37, 64. 5. 4. 5, 206, 4260, 39, 45, 205, 205, 200, 39, 15, 205, 200, 15, 205, 16. 4. 5. 20, 205, 205, 200, 396, 205, 2018.

E. Defendant D shall pay the Plaintiff KRW 2,00,000, out of the rent in arrears, by March 20, around February 21, 2019, and if the full amount is not paid by the end of March, Defendant D will deliver the instant real estate.

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