(영문) 광주지방법원 2017.10.24 2017가단8888

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자간(%)

(영문) 광주지방법원 2017.10.24 2017가단8888

건물인도등

Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4, 5, 6, 7, 7, among the first floor of the building listed in the separate sheet;

Reasons

1. Basic facts

A. On November 21, 2013, B concluded a lease agreement with the Defendant on the part of 288.08 square meters in the ship, which is linked in sequence each point of Section 1, 2, 3, 4, 5, 6, 7, and 1, among the buildings listed in the separate sheet (hereinafter “instant building”), among the buildings listed in the separate sheet (hereinafter “instant building”), with the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,00,000 (excluding value-added tax), management expenses, 20,000,000 (excluding value-added tax), and period of lease from November 21, 2013 to November 20, 2014.

(hereinafter “instant lease agreement”). B.

While the instant lease contract between B and the Defendant was implicitly renewed, the Plaintiff purchased the instant building from B on January 12, 2015 and completed the registration of ownership transfer on the 29th of the same month.

C. On August 5, 2015, the Plaintiff sent to the Defendant a content-certified mail containing the termination of the instant lease agreement on the grounds of the delinquency in rent, and around that time, the said content-certified mail sent to the Defendant.

On March 25, 2017, the Defendant paid KRW 9,00,000 to the Plaintiff on April 6, 2017.

[Ground of recognition] Evidence Nos. 1, 4, and evidence No. 7-9, and the purport of the whole pleadings

2. According to the above fact-finding, the instant lease agreement was lawfully terminated on August 5, 2015 by the Plaintiff’s declaration of termination, which succeeded to the lessor’s status.

As such, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the amount of KRW 6,560,00,00 (=15,560,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 11, 2017 to the date of full payment, which is the day following the delivery of a copy of the instant complaint. The Defendant is obligated to pay unjust enrichment at the rate of KRW 2,420,00 per month from March 26, 2017 to the day of complete delivery of the instant store.

3. Conclusion

참조조문

-소송촉진 등에 관한 특례법

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