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(영문) 의정부지방법원 고양지원 2018.10.18 2018가단78967
건물명도(인도)
Text

1. The defendant

(a) Of the real estate underground floors listed in the separate sheet, the indication 1, 2, 3, 4, and 1 of the separate sheet shall be in sequence.

Reasons

1. Facts of recognition;

A. On August 17, 2015, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff for the lease of KRW 18,210,000 for the lease period of KRW 1286,00,00 for the first floor underground floor of the ancillary facilities in the Goyang-gu Seoul Metropolitan City, Mangyang-gu, 1286, 106, 77.8 square meters of the ancillary facilities in the Goyang-gu, 2015.

B. From the second year, pursuant to Article 3(2) of the Rental Agreement, the rent was determined as “the rent after the second year x the value of the property for the pertinent year x the first year determined by the tender / the value of the property at the time of tender.

The rent in 2016 is KRW 17,916,290, and the rent in 2017 is KRW 16,643,540.

C. The Defendant did not pay rent 17,916,290 for the year 2016 and imposed the late payment charge. Of them, the Defendant paid the late payment charge only two million won on December 12, 2017.

On January 16, 2017, and October 24, 2017, the Plaintiff sent to the Defendant a certificate of urgeing the payment of late payment charges. On November 22, 2017, Article 13 subparag. 8 (Termination of a Contract) of the Rental Agreement (if the Plaintiff fails to pay the rent even after receiving a demand notice at least twice a delay in the payment of the rent, it may be terminated) of the Rental Agreement (if the Plaintiff fails to pay the rent, it may be terminated if he/she received the demand notice at least twice).

E. The principal of the rent in arrears by August 16, 2018 is KRW 32,559,830, and the delay damages by April 5, 2018 are KRW 5,837,795.

[Reasons for Recognition] 1 to 5 evidence Nos. 1 and 5, the whole purport of the pleading

2. Accordingly, the instant lease agreement was terminated on December 12, 2017 due to the Defendant’s failure to pay the rent, and thus, the Plaintiff’s claim seeking delivery of the instant real estate and return of unjust enrichment equivalent to the rents and rents is reasonable, and is so decided as per Disposition.

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