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(영문) 울산지방법원 2018.12.06 2018가단60658
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the attached list building;

B. KRW 1,000,000 and for this, June 26, 2018

Reasons

1. The following facts are acknowledged in full view of evidence Nos. 1 through 17 and the purport of the entire pleadings.

A. On August 17, 2007, the Defendant leased the attached list building (hereinafter “instant store”) which is an unregistered building from the Plaintiff without permission (hereinafter “instant store”) at KRW 2,000,000, and KRW 200,000 per month of rent (hereinafter “instant lease”), from that time, the Defendant operated the instant store from that time to that time.

B. The Defendant unpaid KRW 3,800,000 in total from April 2014 to October 2015.

C. On October 9, 2015, the Plaintiff received KRW 300,000 as the down payment of the instant store transfer contract from the Defendant.

On October 19, 2015, and December 7, 2015, the Plaintiff urged the Defendant to pay the rent by means of content-certified mail, and through the instant complaint (service date: June 25, 2018), the Plaintiff terminated the lease of this case on the ground that the Defendant’s overdue charge amounted to three times the rent for the instant complaint (service date: June 25, 2018).

2. According to the facts of the judgment on the cause of the claim, since the lease of this case was terminated by the termination of the contract by the plaintiff, the defendant is obligated to deliver the store of this case to the plaintiff and pay the plaintiff the amount of 3,800,000 won in arrears plus the amount of 1,50,000 won remaining after deducting the deposit deposit of 2,00,000 won from the deposit of 3,80,000 won in arrears and the down payment of 1,50,000 won and the damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 26, 2018 to the date of complete payment after the delivery of the complaint of this case.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff is not the owner of the instant store, and the instant store is the object of removal, which is unregistered building without permission on the ground of the D-Road, Ulsan-gun, Ulsan-gun, the Republic of Korea owned. Therefore, the Plaintiff’s lessor’s status as to the instant store cannot be recognized. 2) Home Affairs Plaintiff is the lessor’s status.

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