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(영문) 대전지방법원 2020.08.11 2019가단100070
건물명도(인도)
Text

1. The Defendant’s KRW 1,907,559 for the Selection E and its 5% per annum from January 16, 2019 to August 11, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) owns real estate No. 1 as indicated in the separate sheet (hereinafter “F store”) and the Plaintiff and the Appointed E (hereinafter “Plaintiffs”) own real estate No. 2 as indicated in the separate sheet (hereinafter “G store”) adjacent to the F store, 1/2 shares, respectively.

(F) The store and G store are referred to in this case in total. (b)

On August 1, 2017, the Defendant: (a) the Plaintiff: (b) determined that the F affiliate store was the lease deposit of KRW 18 million; (c) monthly rent of KRW 750,000; and (d) the lease period from August 1, 2017 to July 31, 2019; (b) the Plaintiffs leased the G affiliate store by setting the lease deposit of KRW 12 million; (c) monthly rent of KRW 750,000; and (d) the lease period from August 1, 2017 to July 31, 2019.

(hereinafter “each of the instant lease agreements”). Each of the instant lease agreements includes that “where the Defendant is delinquent in paying monthly rent without any justifiable reason, the Defendant shall compensate for delay damages at the rate of 1.5% per month for the number of delayed days.”

C. The Defendant received each of the instant stores from the Plaintiffs on August 1, 2017, but did not pay all the monthly rents under each of the instant lease agreements.

On December 24, 2018, the Plaintiffs notified the Defendant of the termination of each of the instant lease agreements as of December 31, 2018, and the Defendant, around December 31, 2018, notified the Plaintiffs of the passwords of each of the instant stores and transferred them at each of the said stores.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 8, 9, Eul 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs asserted that the Defendant occupied each of the instant stores, and at the same time seek the delivery of each of the instant stores from August 1, 2017 to December 31, 2018, the monthly rent and its delay damages, and the unpaid payment from May 1, 2018 to December 31, 2018.

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