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(영문) 서울동부지방법원 2015.07.14 2015가단7306
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. 15 April 15, 2015: KRW 12 million and its related thereto.

Reasons

1. Facts of recognition;

A. On June 4, 2008, the Plaintiff agreed on June 4, 2008 that the lease deposit for the Defendant (hereinafter “the instant building”) shall be KRW 30 million in terms of the lease deposit, KRW 1.6 million in terms of the monthly rent, KRW 7 million in terms of the monthly rent, and the lease period shall be from June 7, 2008 to June 7, 2010 in cases where the Defendant and the lessee have failed to pay rent more than twice, the lessor may terminate the instant lease contract.

B. By February 7, 2015, the Defendant delayed the payment of rent of KRW 11.2 million (7-month rent). The Plaintiff expressed to the Defendant that the instant lease contract will be terminated.

[Grounds for Recognition: Evidence No. 1, Evidence No. 2-1, and 2-2, the purport of the whole pleadings]

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to the Defendant’s declaration of termination, the Defendant is obligated to deliver the building of this case to the Plaintiff, and as requested by the Plaintiff, to pay damages for delay calculated at the rate of 20% per annum from April 15, 2015 to the day following the delivery date of the copy of the complaint of this case to the day of complete payment, and to pay damages for delay calculated at the rate of 1.6 million won per month from March 7, 2015 to the day of complete delivery of the building of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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