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(영문) 서울중앙지방법원 2017.09.14 2017가단5014799
건물명도(인도)
Text

1. The defendant,

A. Upon receiving KRW 20,400,000 from the Plaintiff, real estate indicated in the attached Table shall be paid to the Plaintiff.

Reasons

1. The facts below the basic facts are either in dispute between the parties or in each entry in Gap evidence 1 to 7, with a comprehensive view to the whole purport of the pleadings.

On May 17, 2014, the Plaintiff’s agent C entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant real estate”), and (i) the object: 407 Dong-dong 806, 2: deposit: 60 million won; ③ the rent: 18 million won; (iii) the lease period: 4.6 million won; and (iv) the lease period: from June 9, 2014 to June 8, 2016; and (v) the lease agreement with a special agreement, 16% per month in arrears.

B. Accordingly, the Plaintiff received deposit 60 million won from the Defendant, and delivered the instant real estate to the Defendant.

C. However, the Defendant did not pay to the Plaintiff from April 9, 2015 to the date of the closing of the instant argument.

On March 16, 2016, the Plaintiff notified the termination of the instant lease agreement on the grounds of the delinquency of the two-term rental period, and the said notification reached the Defendant around that time.

2. Since the instant lease contract was terminated as the cause of the Plaintiff’s claim, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In addition, as of March 19, 2016, the Plaintiff, among the 22-month rents that the Defendant is liable to pay to the Plaintiff, filed a claim for compensation for damages by 3% per month on the basis of the starting date of February 5, 2015 to February 9, 2016 as of March 9, 2016, with respect to the overdue rent for the period from February 5, 2015 to February 11, 2016. From March 4, 2016 to February 11, 2017, the Defendant filed a claim for compensation for damages by 3% per month on the overdue rent for the period from March 4, 2016 to February 9, 2017.

The Plaintiff sought damages for delay damages equivalent to 11 months from March-4, 2016 to December 1, 2016 from March-4, 2016 to December 1, 2017 from June 28, 2017.

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