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(영문) 청주지방법원 2017.07.21 2017가단5655
임대차보증금
Text

1. The Defendant’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from April 12, 2017 to April 21, 2017.

Reasons

1. In addition to the whole purport of the pleadings, the following facts may be acknowledged in each entry of Gap evidence of Nos. 1 to 3 (including branch numbers for those with serial numbers):

The Plaintiff leased the lease deposit amount of KRW 45 million from the Defendant to October 27, 2015, the lease deposit period of KRW 102,00,000,000 and KRW 45 million from October 27, 2015 to KRW 27,00,00,000, among the five stories of the 5th floor of the 5th floor (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

On February 23, 2017, the instant building was knocked to F in the Cheongju District Court E in the real estate auction case.

C. The Plaintiff demanded a distribution in the above real estate rental auction case, but did not receive a distribution rate with the same percentage.

2. The right of lease to determine the cause of the claim shall expire when a leased building has been sold, in cases where an auction under the Civil Execution Act has been conducted on the leased building;

(See Article 8 of the Commercial Building Lease Protection Act). According to the above facts, the instant lease agreement between the Plaintiff and the Defendant terminated on February 23, 2017, when the instant building was adjudicationd, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from April 12, 2017 to April 21, 2017, when the original copy of the instant payment order was served on the Plaintiff, as the Plaintiff seeks, from April 12, 2017 to April 21, 2017, and from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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