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(영문) 울산지방법원 2019.10.29 2019가단108205
건물명도(인도)
Text

1. The defendant delivers to the plaintiff each building listed in the separate sheet, and KRW 29,900,000 as well as the above, September 27, 2019.

Reasons

1. Facts of recognition;

A. On May 14, 2014, the Defendant entered into a lease agreement with C on a deposit of KRW 10 million, monthly rent of KRW 950,000,000, and from May 14, 2019 to May 13, 2019 (hereinafter “instant lease agreement”), and operated Smarkets in the instant building.

B. On December 3, 2015, the Plaintiff completed the registration of ownership transfer for the instant building on October 22, 2015 and notified the Defendant thereof.

C. On August 29, 2018, the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement (hereinafter “instant notification of termination of the lease”) on the ground that the Plaintiff is delinquent in paying the rent from December 3, 2015.

On the other hand, on May 30, 2019, the Plaintiff received a decision that “the Defendant shall deliver the instant building to the Plaintiff” in the Ulsan District Court Decision 2019Kahap10172 against the Defendant, and the instant building was delivered to the Plaintiff on June 7, 2019 as a result of enforcement based on the above decision.

[Ground of recognition] A.1 to 10 Facts without dispute, each entry (including additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated at the time when the notice of termination of the lease of this case is served on the defendant.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay 29,900,000 won [39,90,000 won [ [42 months from December 3, 2015 to June 7, 2019] x 9,50,00 won per annum from September 27, 2019 to June 7, 2019] - deposit for lease deposit and 10,000 won per annum from September 27, 2019 to the day of full payment] as well as damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 27, 2019 to the day of full payment.

3. Judgment on the defendant's assertion

A. The defendant.

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