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(영문) 대전지방법원 2015.04.21 2014가단40999
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver the second floor of 108.42 square meters among the real estate indicated in the attached sheet;

(b) KRW 9,890,000; and

Reasons

1. Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4 (including each number), the plaintiff A’s father D entered into a lease contract on November 22, 2008 with the defendant on the second floor of 108.42 square meters (hereinafter “instant house”) from among the real estate marked in the attached Form D (hereinafter “instant building”) owned by the defendant on November 22, 2008, with the lease deposit of 10 million won, monthly rent of 60 million won, management fee of 30 million won (payment in advance on December 13, 208), lease period of 10,000 won from December 13, 2008 to December 23, 2010, the plaintiffs continued to pay the instant building from D to December 31, 2012, or succeeded to the lessor’s status as the defendant on December 31, 2012, and the plaintiffs continued to receive the above lease contract from the defendant on June 231, 2014.

(See Briefs dated 18, 2014) 2. Determination

A. According to the facts of the recognition of the part requesting the delivery of the instant house, the instant lease agreement was terminated on November 11, 2014, which was served on the Defendant at the latest on the grounds of the Defendant’s delinquency in rent.

Therefore, the defendant is obligated to deliver the house of this case to the plaintiffs as the restoration following the termination of the lease contract of this case.

B. As of October 13, 2014, the Plaintiffs asserted that (i) as of October 13, 2014, the Defendant is obliged to pay the overdue rent of KRW 9,988,00 and the delay damages from October 17, 2014, and (ii) the overdue rent of KRW 630,000 per month from October 17, 2014 to the completion date of delivery of the instant house, and (iii) the Defendant is obliged to pay the overdue rent of KRW 630,00 per month.

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