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(영문) 수원지방법원 2017.04.21 2017가합10919
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Each of the real estate listed in the separate sheet shall be transferred, and the above real estate shall be from April 4, 2017.

Reasons

1. Indication of claim;

A. On November 7, 2014, the Plaintiff, as the owner of each real estate listed in the separate sheet, leased the building listed in the separate sheet No. 2 to the Defendant as KRW 13,200,000, KRW 150,000, KRW 150,000, and KRW 2 years from November 24, 2014 to November 23, 2016 (hereinafter “instant lease agreement”), and was paid from the Defendant the above KRW 150,00,000.

The defendant agreed to pay damages for delay at the rate of 5% per month to the plaintiff when the rent is overdue.

B. The Defendant did not pay KRW 6,006,00, out of the rent until November 2015, and did not pay the rent after December 2015.

The sum of the rents that the Defendant did not pay by March 2017 is KRW 217,206,00, and the details thereof are as shown in attached Table 2.

C. On March 15, 2016, the Plaintiff served the Defendant with a certificate of content indicating the termination of the instant lease agreement on the grounds of the delinquency in rent, and reached that time.

Thus, the lease contract of this case was legally terminated.

Therefore, the Defendant is obligated to deliver to the Plaintiff each real estate stated in the separate sheet, and pay KRW 13,20,00 per month from April 4, 2017 to the day following the delivery date of the application for modification of the purport of the claim and the cause of the claim in this case, and pay KRW 13,20,00 per annum as unjust enrichment equivalent to the rent from April 4, 2017 to the day of complete delivery of the above real estate. From March 20, 2017, the sum of the rent not paid until March 3, 2017, deducting KRW 150,000,000 for the above lease deposit, and damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 4, 2017 to the day of complete payment.

2. Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (in cases of confessions made due to the absence of the defendant);

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