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(영문) 울산지방법원 2018.05.29 2017가단67249
건물명도(인도)
Text

1. The defendant

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

(b) KRW 17,314,000 and this shall apply thereto.

Reasons

1. Facts of recognition;

A. On March 21, 2008, the Plaintiff set and leased, respectively, the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant as KRW 10 million, the term of lease from March 31, 2008 to March 31, 2010, KRW 650,000 (the rent of KRW 50,000, KRW 150,000, KRW 650,000 (the rent of KRW 500,000, KRW 150,000, and June of each month).

B. The Plaintiff and the Defendant have renewed the contract upon the expiration of the lease term and continued to occupy and use the instant real estate, but the Defendant is in arrears with the rent and management fee of KRW 17,314,00 in total (26 months) from September 2015 to October 2017.

C. The Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the delinquency in the payment of monthly rent for at least two years.

Evidence: Written evidence Nos. 1 through 6 and the purport of the whole pleadings

2. Determination and conclusion, the instant lease agreement was lawfully terminated upon the Plaintiff’s notice of termination on the ground of the delinquency in rent.

Therefore, the Defendant is obligated to issue an order to the Plaintiff for the instant real estate, and pay 17,314,000 won in arrears, and 650,000 won in each of the following amounts: (a) from November 4, 2017 to May 29, 2018, the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff; (b) 5% per annum under the Civil Act; and (c) 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment; and (d) 650,000 won in each of the instant real estate from November 6, 2017 to the date of completion of the surrender of the instant real estate. Therefore, the Plaintiff’s claim for this is justifiable.

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