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(영문) 대구지방법원 안동지원 2018.11.28 2018가단2677
건물명도 등
Text

1. The defendant is the plaintiff (appointed party) and the successor.

(a) deliver the real estate listed in the separate sheet;

B. 1 4,00.

Reasons

1. The following facts, for the determination of the cause of the claim, may be found either in dispute between the parties or in addition to the whole purport of the pleadings in each entry in Gap evidence 1 to 4 (including each number if any):

On November 1, 2017, the Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) and the selector entered into a lease agreement with the Defendant, setting the lease term as 5,00,000 won for lease deposit, 40,000 won for rent month (payment on January 1), and 24 months for lease period from November 1, 2017 to October 31, 2019 (hereinafter referred to as “instant lease agreement”).

On November 1, 2017, the Defendant acquired the instant real estate from the Plaintiff and the Selection, and possessed it until the day of closing the argument in this case.

The Defendant’s payment of KRW 4,00,000 for ten months until August 2018 (=400,000 per month x 10 months) was not made by the Plaintiff and the Appointor.

On September 3, 2018, the Plaintiff sent to the Defendant a document certifying the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent, and the said content-certified mail sent to the Defendant around that time.

According to the above facts, since the lease contract of this case was terminated around September 3, 2018, the defendant is obligated to deliver the real estate of this case to the plaintiff and the selected parties, and the defendant is obligated to pay the unpaid rent of 4,000,000 won and the amount of delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 11, 2018 to the date of complete payment after the delivery of a copy of the complaint of this case, and damages for delay calculated at the rate of 400,000 won per month from October 1, 2018 to the date of complete delivery of the real estate of this case.

2. The conclusion is that the plaintiff's claim is reasonable and acceptable.

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