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(영문) 의정부지방법원고양지원 2016.05.13 2015가단89676
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 439,500 won and as regards this, October 2015

Reasons

1. Basic facts

A. On August 16, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the period from September 5, 2013 to September 4, 2018, the deposit amount of KRW 53,000,000, and monthly rent of KRW 300,000.

B. According to the above lease agreement, the Plaintiff may terminate the lease agreement of this case where the Defendant fails to pay the rent for at least three consecutive months. If the lease agreement is terminated due to such reason, the Defendant shall deliver the instant real estate within one month from the date of termination, and the above rent shall be paid on the last day of each month. In the event that the payment is not made, the amount in arrears shall be paid by adding the overdue interest rate calculated by applying the minimum overdue interest rate (8%) of the general loan loan market as a financial institution under the Banking Act to the amount in arrears.

In addition, if the lease contract is terminated or terminated under the lease contract, the lessee shall pay the penalty calculated by the rent for the month belonging to the date of cancellation or termination (1.5%) of the rental deposit x the financial institution under the Banking Act at the time of cancellation or termination, whose share in the household loan market is the highest: 1.5%) / 12 cancellation (1).

In addition, if the defendant fails to deliver a rental house to the plaintiff by the date on which it should be delivered, the amount equivalent to 1.5 times the monthly rent shall be paid as penalty from the day after the fulfillment date of the obligation to deliver the house to the actual delivery

C. The Defendant did not pay the monthly rent from November 2013 to May 2015. The rent in arrears amounting to KRW 3,900,400.

Accordingly, on June 4, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and the Defendant received it on June 5, 2015.

E. Meanwhile, the Defendant on July 13, 2015.

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