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(영문) 창원지방법원 2019.04.25 2018가단119769
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. 56,690 Won and its equivalent, April 12, 2019

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a lease contract with a housing owner and attached real estate (hereinafter “instant real estate”) as a lease fund provided by the government according to the public rental housing project that supplies rental housing at low cost for housing stability of vulnerable residential groups, such as basic livelihood recipients, low-income bracket, university students, etc.

(1) After entering into a lease agreement with the Defendant on November 1, 2017, the term of lease was 2 years, deposit amount was 50 million won (which is 46.3 million won out of loan of full-time loan) and the lease agreement was entered into with the Defendant on November 1, 2017, with the terms of holding office at KRW 57,870 per month of rent (hereinafter “instant lease agreement”).

(2) According to the instant lease agreement, the Defendant, not only the Plaintiff but also the owner of the instant real estate, also paid a monthly rent of KRW 400,000,000 per annum. In the event that the rent was overdue on more than three occasions, the Defendant specified the grounds for termination of the instant lease agreement.

B. (1) The Defendant, by August 2018, notified the Defendant that the instant lease contract was terminated on the ground of the delinquency in rent. (2) The Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the delinquency in rent.

3) The Defendant partially paid the overdue rent after the instant lawsuit was filed, and the rent of KRW 56,690 as of April 9, 2019 did not pay the rent of KRW 56,690. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 through 9, and the purport of the entire pleadings.]

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated due to the defendant's delinquency in payment, the defendant delivered the real estate of this case to the plaintiff, and the defendant paid damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 12, 2019 to the date of complete payment, which is the day following the delivery of a copy of the application for modification of the claim of this case and the cause of the claim of this case.

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