(영문) 서울중앙지방법원 2016.11.29 2016가단5059085

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(영문) 서울중앙지방법원 2016.11.29 2016가단5059085

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

(b) 89,619,470 Won and its corresponding;

Reasons

1. Facts of recognition;

A. On April 2, 2015, the Plaintiff stated the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Defendant in the period from April 30, 2015 to April 30, 2017, the deposit amount of KRW 140,000,000, monthly rent of KRW 15,400,000 (including value-added tax), and the annual interest rate of delay damages in the lease agreement of this case as KRW 18% per annum. However, on the other hand, the Defendant argued to the effect that the above 18% per annum is a clerical error of 18% per annum, and the Plaintiff sought only damages for delay calculated at the rate of 18% per annum by accepting such Defendant’s assertion, and thus, the rate of damages for delay is 18% per annum.

The lease contract was concluded with the content that the lease contract is to be set up and leased (hereinafter “instant lease contract”).

B. At the time of the instant lease agreement, the Defendant agreed to deliver the instant real estate to the Plaintiff immediately upon the termination of the instant lease agreement, on the grounds that the Defendant delayed payment of rent and management expenses under the instant lease agreement for at least two months.

C. On April 30, 2015, the Defendant paid the Plaintiff the entire deposit, and received the delivery of the instant real estate from the Plaintiff, and used it up to the present day.

The defendant did not pay to the plaintiff the rent after October 1, 2015. The amount of rent, public charge, and damages for delay calculated by the ratio of 18% per annum to the plaintiff from October 1, 2015 to October 27, 2016 is as shown in the calculation table of rent, etc.

E. On March 16, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “the instant lease contract shall be terminated on the grounds of delinquency, such as rent, etc. of the Defendant,” and the content-certified mail sent to the Defendant on the 17th of the same month.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The argument and judgment.

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