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(영문) 부산지방법원동부지원 2017.08.16 2017가단1877
건물명도(인도)등
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party D, E, and F

A. Of the real estate indicated in the attached Form, the whole one story is 189.86 square meters.

Reasons

1. Facts of recognition;

A. On July 16, 2016, the Plaintiff (Appointed Party) entered into a lease agreement with G, the owner of the entire 1st floor of which is 189.86 square meters (hereinafter “instant real estate”) and with respect to the instant real estate as well as the lease agreement with the term of July 28, 2018, which set the deposit amount of KRW 30,000,000, and the lease period of the instant real estate.

B. On September 2, 2016, the Plaintiff’s husband of the Plaintiff (Appointed Party) entered into a sub-lease contract (hereinafter “sub-lease contract”) with the Defendant, with the consent of the Plaintiff (Appointed Party) and G, and with respect to the instant real estate, KRW 5,00,000, monthly rent of KRW 1,800,000, monthly rent of KRW 20,000, and the monthly rent of KRW 2,000. The Defendant paid KRW 5,00,000 to the Deceased on September 12, 2016, and the Defendant occupied the instant real estate by delivery from the Deceased.

C. By February 2, 2017, the Defendant paid KRW 1,900,000 to the Deceased as rent.

On February 6, 2017, the Deceased notified the Defendant of the termination of the instant sub-lease contract on the ground of the delinquency in rent.

E. On June 18, 2017, the Deceased died, and his inheritors are designated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the sub-lease contract of this case is terminated, the Defendant shall pay the Plaintiff (Appointed Party) and the appointed parties D, E, and F the amount of delay damages calculated at the rate of 15% per annum as prescribed by the Civil Act from February 18, 2017 to August 16, 2017, after deducting deposit of KRW 5,000,000,000 from the late February 13, 2017 (7,810,136) and the remainder after deducting deposit of KRW 5,810,136 from the late February 13, 2017 (7,810,136). The Defendant shall pay damages for delay calculated by the Defendant from February 14, 2017 to the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.

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