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(영문) 수원지방법원안산지원 2019.10.16 2019가단58349
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) 10,640,000 won and its interest;

Reasons

1. Basic facts

A. On June 15, 2018, the Plaintiff entered into a lease agreement with the Defendant with regard to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the term of KRW 20 million,000,000, KRW 2,090,000 (including value-added tax), and the term of lease from June 20, 2018 to June 20, 2020 (hereinafter “instant lease agreement”).

B. After the instant lease contract, the Defendant paid only KRW 6,000,000, totaling KRW 2,090,000 on October 10, 2018, KRW 2,090,00 on January 15, 2019, and KRW 1,90,000 on February 22, 2019, to the Plaintiff.

C. After the Plaintiff filed the instant lawsuit on April 19, 2019, the Plaintiff was additionally paid KRW 2,090,000 from the Defendant on June 6, 2019, where the lawsuit is pending.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the facts seen earlier, it is apparent that the Defendant paid only KRW 6,080,00 as above among the rent of KRW 18,810,00 under the instant lease agreement until March 20, 2019 (i.e., KRW 2,090,000 x nine months from June 20, 2018 to March 19, 2019) and calculated that the delayed amount exceeds the rent of KRW 12,730,00 for the second period. Thus, on April 30, 2019, the instant lease was lawfully terminated.

Therefore, the defendant delivered the real estate of this case, which is the leased object, to the plaintiff, and ② the rent of 10,640,000 won in arrears (i.e., the above KRW 12,730,000 in arrears - the additional payment of KRW 2,090,00 in June 6, 2019 and the subsequent delivery day of a copy of the complaint of this case from May 1, 2019 to May 31, 2019, the main sentence of Article 3(1) of the former Enforcement Decree of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) shall be 15% per annum as stipulated in the former Enforcement Decree of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May

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