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(영문) 부산지방법원서부지원 2020.10.23 2020가단105874
부동산인도청구 등
Text

Plaintiff

A,

A. Defendant C is 5% per annum from July 8, 2020 to October 23, 2020, as well as 5% per annum from July 8, 2020.

Reasons

1. Facts of recognition;

A. On June 1, 2015, Defendant C entered into a lease agreement with F to pay an amount calculated by adding an amount equivalent to the overdue interest rate of 10% per annum to the overdue interest rate of 10% per annum of the overdue amount to the monthly rent of KRW 1,00,000, the lease period from June 1, 2015 to May 31, 2017, and the monthly rent of KRW 10 from June 1, 2015.

B. On March 2, 2016, Defendant E entered into a lease agreement with F on the following terms: (a) the monthly rent from March 1, 2016 to February 28, 2018; and (b) the monthly rent payment date shall be set as the 10th day of each month; and (c) the monthly rent payment date shall be set as the 10th day of each month; and (d) if delay occurs, the amount calculated by applying the overdue interest rate of 10% per annum to the overdue interest rate.

C. The above

(a) and (b)

While each of the lease agreements stated in paragraph (1) is renewed and continued, the Plaintiff B Co., Ltd. received the F on the basis of the claim for provisional seizure against F on December 6, 2018, based on the claim for provisional payment claim against F, the debtor and the Defendants as the third debtor (subsan District Court Branch Branch Decision 2018Kadan102337). The Defendants did not pay F the monthly rent from the date of receipt of the aforementioned claim provisional seizure decision.

Plaintiff

A has completed the registration of ownership transfer from F on the ground of a gift made on May 16, 2017 with respect to each real estate listed in Attached Forms 1 and 2 on November 27, 2019.

After December 2019, Plaintiff A notified the Defendants of the termination of each lease agreement, and requested the Defendants to leave and deliver the agreement by March 10, 2020. The Defendants consented thereto.

E. The above D.

Pursuant to the agreement entered in paragraph (1), the Plaintiff A and the Defendants on February 12, 2020 shall lease the real estate listed in attached Form 1 as monthly rent of KRW 1,00,000,000 and the term of lease from November 27, 2019 to March 10, 2020 without a deposit, and the Defendant E shall rent the real estate listed in attached Form 2 as monthly rent of KRW 1,80,000,000 and the term of lease of the real estate without a deposit.

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