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(영문) 서울동부지방법원 2019.05.24 2018가단11856
건물명도(인도) 등
Text

1. The defendant shall be the plaintiff.

(a) In the first floor of the building listed in the annexed sheet, the indication of the annexed building drawings (a), (b), (c), and (d).

Reasons

1. Facts of recognition;

A. On September 7, 2015, the Plaintiff issued an order to the Defendant on September 7, 2015

The part of the building as stated in the port (hereinafter referred to as the "building of this case") was determined and leased as the lease deposit amount of KRW 60 million, the period from September 29, 2015 to September 28, 2017, and the monthly rent of KRW 2.2 million (excluding value-added tax), and the defendant has been transferred the building of this case and used as a restaurant.

B. After that, on September 5, 2017, the Plaintiff entered into a renewal contract with the Defendant, which extends the term of lease to September 28, 2019, and increases the monthly rent to 2.420,000 won (excluding value-added tax).

(hereinafter “instant lease agreement”). C.

From September 29, 2017 to March 29, 2018, the Defendant did not pay KRW 512,979 of the water rate during the said period. On April 25, 2018, the Plaintiff declared to the Defendant that the instant lease contract will be terminated on the grounds of the delinquency in rent, and the said expression of intention reached the Defendant around April 2018.

Meanwhile, when concluding the instant lease agreement, the Plaintiff and the Defendant agreed to pay the overdue rent in addition to the interest for delay calculated at the rate of 10% per annum, and the interest for the overdue rent during the period from September 29, 2017 to March 28, 2019 is the sum of KRW 3,757,050, as shown in the attached Table for calculation of interest for delay.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 2, 6, 7 (including paper numbers), and purport of the body before oral argument

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on or after the end of April 2018.

Therefore, the defendant delivered the building of this case to the plaintiff, and ② from September 29, 2017 to March 28, 2019, the defendant delivered 50,336,00 won (2,420,000 won x 1 month x 2,62,00 won x 18 months) , interest in arrears 3,757,050 won, and interest in arrears 512,979 won, plus 54,606,029 won, and interest in arrears x 512,979 won.

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