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(영문) 의정부지방법원 2018.06.15 2018가단101048
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) The other part of the Namyang-si, C, D, E-ground general steel structure sand site position plate, both of which are one story;

Reasons

1. Basic facts

A. On April 3, 2013, J Burial Lease 1) On the Plaintiff’s part inside the ship, which connects each point of the attached Form No. 1, 2, 3, 4, and 1 to the Defendant, among the Class I neighborhood living facilities of the Class I neighborhood living facilities of the Namyang-si, Namyang-si, D, and E ground-based general steel structure and sand site location plate, 222.4 square meters of the leased object (hereinafter “J burial”).

2) The lease deposit amount of KRW 40,000,000 (including KRW 20,000,000 among them) was reduced to KRW 2,50,000 per month for the rent of KRW 3) 2,50,000 per month by the Plaintiff (as from September 2013 to KRW 2,00,000 for the rent of KRW 3).

(4) From April 15, 2013 to September 15, 2014, the Plaintiff delivered the J Burial to the Defendant with the overdue interest rate of 18% per annum on overdue rent 5) from April 15, 2013 to September 15, 2014.

B. The Plaintiff’s lease 1 on April 29, 2013 to the Defendant is the F, G, H, and I’s ground ground-based sand position plate 194.04 square meters (hereinafter “L store”) of the first class neighborhood living facilities of the first class neighborhood living on the part of the G, H, H, and I’s ground-based general steel structure, respectively.

2) The lease deposit amount of KRW 4,000,000 for monthly rent of KRW 60,000 ( KRW 3,000,000 from October 2013) was reduced to KRW 3,00,000.

(4) From May 15, 2013 to May 15, 2015, the Plaintiff delivered L Burial to the Defendant with overdue interest rate of 18% per annum on overdue rent 5) from May 15, 2013 to May 15, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination:

A. From December 25, 2017 to December 25, 2017, the fact that each rent for J Burial and L Burial was delayed at least two times, leading to a total of KRW 113,600,000,00. The fact that each lease contract for J Burial and L Burial continues to be maintained (see the Defendant’s reply submitted) is not disputed between the Plaintiff and the Defendant, or that each lease contract for J Burial and L Burial was terminated on January 26, 2018, which is the delivery date of a copy of the complaint of this case where the Plaintiff expressed its intention of termination.

Therefore, the defendant has the duty to deliver to the plaintiff both J Burial and L Burial.

For this reason,

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