beta
Text
1. Defendant B:
(a) order the buildings listed in the separate sheet;
(b) KRW 4,303,870 and this shall apply thereto.
Reasons
1. The part of the claim against the defendant C and D
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
2. Part of the claim against the defendant B
A. Fact 1) On March 17, 2013, the Plaintiff is the building indicated in the separate sheet with Defendant B (hereinafter “instant apartment”).
(3) As to the lease deposit, the term of the lease contract is set at KRW 15 million, monthly rent of KRW 1250,000 (after March 30, 2013), and the term of the lease shall be from March 30, 2013 to March 30, 2015 (24 months), respectively (hereinafter “instant lease contract”).
(2) As of July 30, 2015, Defendant B paid the rent for 15 months out of total of 28 months and delayed payment of KRW 16,250,00 for 13 months (i.e., KRW 1,250,000 x 13 months). The unpaid management fee by Defendant B reaches KRW 3,053,870.
3) On November 5, 2015, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent by Defendant B was served on Defendant B on November 5, 2015. [The fact that there is no dispute over the grounds for recognition, the entries in each of the items in between A and B, and B, and 2-1 to B-15, and the entire pleadings are taken.
B. According to the above facts of determination as to the cause of claim 1, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground that Defendant B was in arrears at least twice. Thus, barring any special circumstance, Defendant B transferred the instant apartment to the Plaintiff, and as of July 30, 2015, the aggregate of the rent and unpaid management expenses incurred by Defendant B in arrears (= KRW 16,250,000, KRW 3,053,870, KRW 15,000 remaining after deducting the deposit of Defendant B from KRW 4,303,870, and the remaining amount after deducting the deposit of Defendant B from KRW 15,00,00,000 from KRW 16,250,000, KRW 3,053,870, as requested by the Plaintiff on November 6, 2015, the delivery date of a copy of the complaint of this case, until July 13, 2016.