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(영문) 인천지방법원 2018.07.26 2017가단258243
건물명도(인도)
Text

1. The defendant against the plaintiff A,

(a) deliver each real estate listed in the annex 1 list;

(b) 8.1 million won and this;

Reasons

1. The Defendant’s lease subject to the instant real estate lease, which is the Plaintiff A’s rent for the primary facts, KRW 15,000,000,000, monthly rent of KRW 3,300,000 for the lease term of KRW 3,300,000 for the lease term of KRW 3,300,000 for the instant two real estate lease subject to the instant real estate lease, from September 16, 2017 to September 15, 2019 (24 months between September 16, 2017 and September 15, 2019)

A. Plaintiff A is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant one real estate”). Plaintiff B is the owner of each real estate listed in the separate sheet No. 2 (hereinafter “instant two real estate”). On August 4, 2017, the Defendant entered into a lease agreement with the Plaintiffs respectively (hereinafter “each of the instant lease agreements”).

B. After the conclusion of each of the instant lease agreements, the Defendant did not fully pay the Plaintiffs the rent under each of the instant lease agreements until now, and the Plaintiffs notified the Defendant of the termination of each of the instant lease agreements by content-certified mail on or around December 18, 2017 on the ground that the Defendant did not pay monthly rent over the three-year period. The said mail reached the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since each of the instant lease contracts was terminated after termination, the Defendant shall deliver the instant real estate to the Plaintiff, and the Defendant shall pay 8,100,000 won [=23,100,000 won + 7,000 won - 15,000 won] calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff A, and shall refund the amount equivalent to the 3,300,000 won per month calculated from April 16, 2018 to the date of completion of delivery of the instant real estate.

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