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(영문) 인천지방법원 2016.05.25 2015가단242732
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 3.5 million won and this shall be April 2016.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire argument in the evidence No. 1 (Evidence No. 1) as to May 8, 2015, the Plaintiff: (a) on May 9, 2015, leased real estate listed in the attached Table No. 1 as a house to the Defendant for six months from May 9, 2015 to November 9, 2015; (b) on the lease of a deposit of KRW 3 million and KRW 1.3 million for the six-month period; (c) on the deposit of KRW 7.8 million for the said six-month period; (d) entered into a new lease contract at least one month prior to the expiration of the lease term; and (e) agreed to comply with the Lease Protection Act; and (e) the Defendant paid the Plaintiff the aforementioned pre-paid payment to the Defendant from November 9, 2015 to November 9, 2016, and (e) on the ground that the Plaintiff’s claim for arrears was clearly included in the Plaintiff’s claim for cancellation of the lease agreement.

B. According to the above facts, since the lease agreement between the plaintiff and the defendant has been lawfully terminated due to the termination of the plaintiff's termination on the grounds of the expiration of the period and the defendant's delinquency in rent, the defendant is obligated to deliver the above real estate to the plaintiff, and to pay the remaining overdue rent of 3.5 million won after deducting the deposit of 3 million won from the overdue rent of 6.5 million won, and to pay damages for delay calculated at the rate of 15% per annum from April 19, 2016 to the day of full payment, which is the day following the delivery of the application for modification of the purport of the claim and the cause of the claim in this case, and the damages for delay calculated at the rate of 15 million won per annum from April 10, 2016 to the day of delivery of the above real estate by the defendant.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the term of the above lease contract is six months, but the above lease contract is a house where the family members of the defendant's husband and wife intend to reside together.

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