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(영문) 서울중앙지방법원 2019.09.26 2018가단64901
건물명도 등
Text

1. The defendant shall receive KRW 980,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by designating the Defendant as the lessee regarding the real estate listed in the attached list (hereinafter “instant real estate”) owned by the Plaintiff as the lessee, with the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000, and the lease term of KRW 300,000, June 30, 2016.

The Defendant received the instant real estate from the Defendant and operated a restaurant with the trade name “C” around the date of the contract.

B. On August 6, 2014, the Defendant paid KRW 5,000,000 to the Plaintiff, and paid KRW 3,300,000 (X 11) in the year 2016 as monthly rent, KRW 3,300,000 (X 11) in the year 2017, and KRW 2,70,000,000 in the year 2018 as between January 2, 2018 and August 31, 2018 (30,000,0009) to each Plaintiff.

C. On November 20, 2018, the Plaintiff submitted to the court the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the Defendant’s unpaid rent, and the complaint was served on the Defendant on December 12, 2018.

Around July 2018, the Defendant discontinued the boomed rice booming business operated on the instant real estate, and failed to arrange the entire house on November 3, 2018, thereby making it difficult for the Defendant to return the keys of the instant real estate to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 2 evidence (including additional evidence; hereinafter the same shall apply) and the purport of the whole pleadings

2. The grounds for the claim and the judgment thereof

A. The Plaintiff 1’s assertion that the instant lease agreement was terminated on the grounds that the Defendant did not pay the rent to the Defendant. As such, the Defendant shall deliver the instant real estate to the Plaintiff, and shall pay the Plaintiff the sum of the unpaid monthly rent of KRW 1,300,000, and damages for delay at the rate of 15% per annum from November 20, 2018 to the date of full payment, and from November 20, 2018 to the date of delivery of the instant real estate.

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