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(영문) 서울중앙지방법원 2018.06.14 2018가합510845
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver each real estate listed in the separate sheet;

B. The Defendants are jointly and severally liable for 1.

Reasons

1. Indication of claim;

A. On October 12, 2017, the Plaintiff entered into a lease agreement with Defendant B with the amounting to KRW 130 million [the payment on a contractual date), the intermediate payment of KRW 13 million (the payment on a contractual date), KRW 40 million (the payment date: October 30, 2017), the remainder of KRW 70 million (the payment date: November 30, 2017), the rent of KRW 10 million (the payment date: November 30, 2017), the rent of KRW 10 million (the payment of value-added tax is separate, the overdue interest rate of KRW 12%), the lease period of KRW 24 months from October 12, 2017.

B. However, on December 6, 2017, the above Defendant demanded the conclusion of a lease agreement with Defendant C on the leased object and the Plaintiff concluded a lease agreement with Defendant C on the same terms and conditions as the initial lease term (24 months from December 6, 2017), the remainder payment period (20 December 20, 2017), and the rent payment period (the remainder payment on December 14, 2017). Ultimately, Defendant C did not pay the remainder of the lease deposit.

C. Accordingly, the Plaintiff notified Defendant B of the rescission of the lease agreement on the grounds that the remainder of the lease deposit was unpaid, and on the grounds that the Defendants were in arrears for more than two years, notified the termination of the lease agreement by serving a duplicate of the complaint.

Therefore, the Defendants, which possess each real estate listed in the separate sheet, are obligated to deliver the said real estate to the Plaintiff. Defendant C is a lessee who entered into a lease agreement with the Plaintiff, and Defendant B is jointly and severally obligated to pay the Plaintiff the amount calculated by applying the rate of KRW 22,00,00,00 for two months from December 14, 2017 to February 14, 2017, with interest rate of KRW 414,246, the sum of KRW 22,414,246, and delay interest rate of KRW 222,414,246, and interest rate of KRW 10,00,00 for two months from February 14, 2017, as well as interest rate of KRW 22,414,246, as well as interest rate of KRW 22,4

2. Provisions of the Civil Procedure Act;

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