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(영문) 의정부지방법원 2019.10.30 2019가단117811
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 13,73,000 and KRW 11,050,00 among them;

Reasons

On June 15, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the attached list owned by the Plaintiff, setting the lease term of KRW 24 months, lease deposit of KRW 20 million, monthly rent of KRW 650,000 (hereinafter “instant apartment”). The Defendant delayed payment of KRW 13,73,00,00 in the aggregate of the rent of KRW 11,050,00 as of April 15, 2019 as of April 15, 2019 when he occupied and used the instant apartment after delivery from the Plaintiff. The fact that the Plaintiff terminated the instant lease agreement on the ground that the Defendant did not have any dispute between the parties, and that the Plaintiff did not pay rent of KRW 13,73,00 in the amount of KRW 14 times as of April 15, 2019.

According to the above facts, since the lease contract of this case was terminated due to the defendant's delinquency in the above rent, the defendant is obligated to deliver the apartment of this case to the plaintiff by way of restitution, and pay to the plaintiff an amount equivalent to 13,733,000 won, such as overdue rent of 11,050,000 won, which is the day after delivery of a copy of the complaint of this case filed by the plaintiff, which is obvious from June 21, 2019 to the day after completion of payment, and the damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 21, 2019 to the day after delivery of the apartment of this case, and the rent, etc. calculated at the rate of 828,875

(1) The plaintiff filed a claim for damages for delay as to the above management expenses in arrears with the defendant, but there is no evidence that the plaintiff paid them, and thus, the claim for damages for delay is not accepted. Thus, the plaintiff's claim in this case is accepted within the scope of the above recognition, and the remaining claims are justified, and it is decided as per Disposition.

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