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(영문) 의정부지방법원 2018.06.26 2017가단27136
건물명도 등
Text

1. The defendant

(a) deliver the buildings listed in the annex;

(b) From November 28, 2017, KRW 1,950,00 and its amount.

Reasons

1. Facts of recognition;

A. On February 2, 2016, the Plaintiff leased to the Defendant real estate deposit amounting to KRW 20,000,000, monthly rent amounting to KRW 650,000, and the period of February 2, 2018.

B. The Plaintiff filed the instant lawsuit seeking the termination of the lease agreement and the delivery of leased real estate and the repayment of overdue monthly rent, on the ground that the Defendant did not pay KRW 3,250,000 for the five-year monthly rent.

C. The Defendant repaid KRW 900,000,000 on November 9, 2017, among the five-year arrears, and KRW 400,00 on November 22, 2017.

[However, as of May 10, 2018, the Defendant delayed to pay KRW 8,598,078, including monthly rent 5,373,328, apartment management fee 2,95,840, gas user fee 228,910, and gas user fee 228,910 as of May 10, 2018. Meanwhile, around May 2016, the Defendant lent KRW 8,000,000 to the lending company and transferred the claim to return the deposit to the said lending company, and the notice of assignment of the claim was served to the Plaintiff on December 6, 2016] evidence Nos. 1 through 5

2. According to the facts of the above recognition, the lease contract of this case was lawfully terminated by the defendant's second or more monthly arrears and the plaintiff's notice of termination of the contract.

3. Therefore, the Defendant is obligated to deliver to the Plaintiff real estate indicated in the separate sheet, and to pay legal interest or delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from November 28, 2017, which is the date following the delivery date of the complaint filed by the Plaintiff on November 28, 2017 to June 26, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. Thus, the Plaintiff’s claim is partially accepted.

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