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(영문) 서울동부지방법원 2015.07.29 2015가단5133
건물명도 등
Text

1. The defendant is against the plaintiff (appointed party).

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

(b) 4,400,000 won and its corresponding;

Reasons

1. Basic facts

A. On January 11, 2012, the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiff et al.”) concluded a lease agreement with the Defendant, setting the lease term of KRW 180,00,000 as lease deposit amount, KRW 1,100,000 as lease deposit, and the lease term of KRW 18,00 as of February 18, 2012 to February 17, 2014 (hereinafter “instant lease agreement”).

B. After the instant lease agreement, the Defendant received a lease deposit from the Plaintiff, etc., and thereafter resided in the instant house until now. On February 8, 2014, the instant lease term for the Plaintiff, etc. terminated on February 17, 2014, but agreed to order the Plaintiff, etc. to order the instant house until August 31, 2014 due to the Defendant’s circumstances. On August 30, 2014, the Defendant again agreed to order the Plaintiff, etc. to order the instant house until December 30, 2014.

C. Meanwhile, from October 1, 2014, the Defendant did not pay the Plaintiff, etc. the rent under the instant lease agreement from October 1, 2014 to the date.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the lease contract of this case was terminated by December 30, 2014, which was after the original term of lease expires under the agreement between the plaintiff, etc. and the defendant. Thus, barring any special circumstance, the defendant ordered the plaintiff, etc. to order the house of this case. From October 1, 2014 to January 31, 2015, the amount of delayed rent or rent of 4,400,000 won (amount of 1,100,000 won x 4 months) and the amount of delay damages calculated by the ratio of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 20, 2015 to the date of full payment.

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