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(영문) 수원지방법원 성남지원 2018.11.23 2017가단23003
건물인도 등
Text

1. The defendant is the plaintiff (appointed party) and the successor.

(a) deliver the buildings listed in the attached list of real estate;

(b).3.

Reasons

1. Basic facts

A. On April 21, 2017, the Plaintiff (Appointed Party) and the Selection Party (hereinafter referred to as “Plaintiffs”) entered into a lease agreement between the Defendant and the Plaintiffs (hereinafter referred to as “instant lease agreement”) with the terms of KRW 30 million per deposit, KRW 1.5 million per month, and the period from June 3, 2017 to June 2, 2019 (hereinafter referred to as “instant lease agreement”).

B. The Defendant did not pay KRW 3,230,170 in total by December 2, 2017.

C. Around December 6, 2017, the Plaintiffs notified the Defendant of the termination of the instant lease agreement on the ground of rent delay for at least two years.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease contract was terminated by the Plaintiffs’ notice of termination on December 6, 2017, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiffs. As to the overdue rent of KRW 3,230,170 which is unpaid until December 2, 2017, and the amount of delay damages of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 9, 2018 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, is obligated to pay the overdue rent of KRW 150,000 per month from December 3, 2017 to the completion of delivery of the instant real estate.

3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.

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