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(영문) 서울북부지방법원 2018.12.12 2018가단110018
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C leaves the real estate listed in the separate sheet;

B. Defendant B shall list (i) annexed hereto.

Reasons

1. Facts of recognition;

A. On September 19, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on a deposit of KRW 30 million (3 million on the day of the contract, KRW 27 million on November 3, 2017), and KRW 1.5 million on a monthly rent, and entered into a lease agreement for lease (hereinafter “instant apartment agreement”) with Defendant B during a period from November 3, 2017 to November 2, 2019, and delivered the instant apartment to Defendant B on November 3, 2017.

B. Defendant B, around November 3, 2017, did not pay KRW 10 million out of the balance of deposit 27 million, and Defendant B prepared a letter stating that “10 million out of the balance of deposit 27 million won shall be paid on November 8, 2017 to the Plaintiff. In the event of the violation, the Plaintiff may terminate the contract.”

However, Defendant B paid KRW 2 million on November 8, 2017, KRW 2 million on November 16, 2017, KRW 16 million on December 18, 2017, KRW 10 million on December 18, 2017, and KRW 5 million on a total, and failed to pay the remainder five million.

C. In addition, Defendant B paid the rent of KRW 1550,000 on December 18, 2017, KRW 1550,000 on January 9, 2018, KRW 310,000 on March 20, 2018, and KRW 6.2 million on March 20, 2018, and paid the remainder.

On March 16, 2018, the Plaintiff sent to Defendant B a certificate of content that the instant lease agreement will be terminated on the grounds of the failure to pay deposit or delinquency in rent.

E. Meanwhile, the defendant C, who is his wife, is residing in the apartment of this case.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease of this case was lawfully terminated on March 16, 2018 on the grounds of the non-payment of the deposit and the delinquency in rent by Defendant B, Defendant C shall leave the apartment of this case, Defendant B shall leave the apartment of this case, and Defendant B shall deliver the apartment of this case, and from November 3, 2017 to October 22, 2018, 1.3 million won [=1.5 million won per month x 1.5 million won (1.5 million won per month x 20/30 days per month)] and this shall be applicable.

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