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(영문) 수원지방법원성남지원 2019.11.29 2018가단239973
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a)each transfer of the real estate listed in the separate sheet;

(b) 15,000,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. On July 3, 2018, the Plaintiff leased real estate listed in the attached list to the Defendant as a lease period of 10 years, a deposit of 50 million won, and monthly rent of 30 million won (value-added tax separate, but the first three months was KRW 15 million).

B. The Defendant paid KRW 100 million of the down payment at the time of concluding a contract, but did not pay KRW 150 million out of KRW 200 million of the second intermediate payment to be paid by September 1, 2018, and did not pay the monthly rent after November 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. As seen earlier, the Defendant’s failure to pay the security deposit and thus violated the above lease agreement. According to the evidence No. 2-1 and No. 2-2, the Plaintiff’s demand for performance on October 10 and Oct. 19, 2018 can be acknowledged that the Plaintiff notified twice the same month. The fact that the duplicate of the instant complaint, including the Plaintiff’s intent to terminate the contract, was served on the Defendant on December 27, 2018 is apparent.

Therefore, the above lease contract is deemed to have been lawfully terminated. As such, the Defendant is obligated to deliver each of the real estate listed in the separate sheet to the Plaintiff. ② As the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the sum of the rent and unjust enrichment for the unpaid month from March 2019 to March 3, 2019 (the remainder after deducting the deposit deposit of KRW 150 million from the sum of the monthly rent for the five months from November 2018 to March 2019) and the damages for delay calculated at the rate of 12% per annum from November 30, 2019 to the date of full payment, as the Plaintiff seeks, from May 3, 2019 to March 30, 2019.

3. Conclusion Claim of this case

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