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(영문) 서울동부지방법원 2018.10.12 2018가단111558
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is the next example of each point indicated in the separate sheet No. 1,2,3,7, and1 among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 8, 2017, the Plaintiff’s order 1-A between Defendant B and Defendant B.

The instant building (hereinafter “instant building”) entered into a lease agreement (hereinafter “instant lease agreement”) with the term of lease deposit of KRW 20 million, monthly rent of KRW 1.9 million (excluding value-added tax), and the term from October 8, 2017 to October 7, 2018, and delivered the instant building to Defendant B at Defendant B’s request, and agreed to sublease part of the instant building to Defendant C.

B. From January 8, 2018, Defendant B began to delay the rent. Accordingly, on March 9, 2018, the Plaintiff sent to Defendant B a written notification demanding the delivery of the instant building on the grounds of the delinquency in rent of at least three times of rent, by content-certified mail, and on March 12, 2018, the said written notification reached Defendant B.

C. Defendant C transferred approximately 40 square meters of the part on board (B) connected in order to each point of indicated in the annexed drawing Nos. 4, 5, 6, 7, and 4 among the instant building from Defendant B, and occupied and used it until the date of closing argument.

Defendant B remains unpaid KRW 1,970,00 as management expenses as of August 7, 2018.

[Ground of recognition] Facts without dispute, each entry in Gap's 1 through 8 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was duly terminated and terminated on March 9, 2018, on the premise that the contract is terminated on the grounds of the delayed payment of at least three occasions, and barring any special circumstance, Defendant B delivers the instant building to the Plaintiff, barring any special circumstance, and KRW 16,720,00 in the aggregate of the rent or rent from January 8, 2018 to August 7, 2018 (= KRW 2,090,000 x 8) and the overdue management fee of KRW 1,970,00 in the aggregate, KRW 18,690,000,000, and delayed payment damages from August 8, 2018 to KRW 200,000 in the instant building.

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