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(영문) 춘천지방법원강릉지원 2016.11.23 2016가단53509
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 3,365,830 and as regards it, July 2016.

Reasons

1. Each fact in the separate statement of the grounds for the claim in the separate statement of the facts may be recognized, either in dispute between the parties or in the statement in Gap evidence 1 to Gap evidence 5, by integrating the whole purport of the pleadings.

2. Assertion and determination

A. Comprehensively taking account of the facts found in the lower judgment as to the Plaintiff’s claim, the lease contract between the Plaintiff and the Defendant was lawfully rescinded, and the Defendant is obligated to deliver the building indicated in the separate sheet to the Plaintiff, and to pay the overdue rent and management expenses incurred until June 30, 2016, KRW 3,365,830, and delay damages.

B. The defendant's argument regarding the defendant's assertion is alleged to have changed considering that the amount of overdue rent and management fee paid to the plaintiff does not exceed the amount of the deposit paid to the plaintiff. However, the tenant cannot refuse the payment of overdue rent on the ground that the tenant has the deposit without delivery (see Supreme Court Decision 9Da24881 delivered on July 27, 199). Thus, the defendant's argument is rejected.

3. Conclusion: (a) the Defendant is obligated to deliver the building listed in the separate sheet to the Plaintiff; and (b) pay 3,365,830 won in arrears and management expenses incurred until June 30, 2016; and (c) annual 5% per annum prescribed by the Civil Act from July 1, 2016 to November 23, 2016, which is the date this judgment is rendered; and (d) annual 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following to the date of full payment.

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