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(영문) 창원지방법원 마산지원 2017.03.09 2016가단10158
건물인도등
Text

1. The defendant receives the remaining money from the plaintiff at KRW 5,00,000 after deducting the money set forth in paragraph 2.

Reasons

1. Facts of recognition;

A. On December 1, 2015, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate owned by the Plaintiff, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 220,00, and the lease period of KRW 24 months from November 2015 to December 24, 2015.

B. On December 1, 2015, the Defendant paid KRW 5,000,000 as lease deposit and KRW 220,000 as monthly rent in December 2015 to the Plaintiff according to the instant lease agreement, and was handed over by the Plaintiff and resided therein.

C. The Defendant did not pay the Plaintiff the monthly rent thereafter.

On September 27, 2016, the Plaintiff urged the Defendant to pay monthly rents several times, and notified the Defendant of the fact that “The Defendant shall pay the smuggling monthly rent by October 1, 2016, and you cannot continue to continue to enter into a rental contract.” As such, the Plaintiff fulfilled this obligation and implement the liquor. Finally, if the said monthly rent is not paid by the said date, the Plaintiff shall bring an action for surrender.”

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 (including virtual numbers) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant did not pay two or more vehicles. On September 27, 2016, the Plaintiff’s notice of termination of the instant lease agreement was delivered to the Defendant, and the instant lease agreement was lawfully terminated.

Therefore, barring special circumstances, the Defendant shall deliver the instant real estate to the Plaintiff, and KRW 2,200,000 (220,000 won x 10 months x 10 months) with respect to the overdue rent for ten months from January 1, 2016 to October 30, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 10, 2016 to the date on which the delivery of the instant real estate is completed, as sought by the Plaintiff, following the due date.

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