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(영문) 서울서부지방법원 2020.01.22 2019가단209850
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the annex 1 list, the Attached 2 Map 1, 2, 3, 4 and 1.

Reasons

1. Facts of recognition;

가. 원고는 2013. 4. 1.경 피고에게 별지 1 목록 기재 부동산 중 별지 2 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 ㈎ 부분 지상 건물 53㎡(이하 ‘이 사건 부동산’이라 한다)을 임대차기간 2013. 4. 1.부터 2014. 3. 31.까지, 임대차보증금 1,000만 원, 월 임료 140만 원(부가가치세 별도)으로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

From around that time, the Defendant, while operating the “C” upon delivery of the instant real estate, used Gun funerals, plaques, etc. by selling them and used them for profit, and the instant lease contract was explicitly renewed, paid 12 million won out of the rent of KRW 32.3 million from May 2017 to January 31, 2019 ( January 31, 2019) and delayed the payment of rent of at least three-term rent.

C. On February 1, 2019, the Plaintiff pointed out to the Defendant the fact of delinquency in the rent exceeding the above three-year period, and, on February 15, 2019, sent a document verifying the termination of the instant lease agreement in the event that the said delinquency in payment is not paid in full by February 15, 2019, and reached the Defendant around that time.

Nevertheless, the defendant did not pay the difference in arrears until February 15, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated on or around February 15, 2019, the defendant delivered the real estate of this case to the plaintiff, and the defendant paid to the plaintiff 10,340,000 won in arrears after deducting the lease deposit of 10,034,000 won from the above overdue rent of 20,000 won, and 15% per annum from May 1, 2019 to May 31, 2019, and damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by 12% per annum from the following day to the date of full payment, and February 1, 2019.

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