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(영문) 광주지방법원 2021.02.05 2020가단520456
건물명도 등
Text

Defendant:

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

(b) 70,010,000 Won and its interest.

Reasons

1. Basic facts

A. The Plaintiffs are those who each share of 1/2 of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On June 30, 2016, the Plaintiffs amounting to KRW 50,00,000 for lease deposit and KRW 4,050,00 for monthly rent from May 5, 2016 to May 4, 2026 (monthly)

5. A real estate lease agreement was concluded to lease the instant real estate by setting forth an increase of KRW 200,000 each time every three years (hereinafter “instant lease agreement”).

However, from October 4, 2018, the Defendant did not pay the rent under the instant lease contract, and the Plaintiffs sent a certificate to the Defendant on September 19, 2019 that “the instant lease contract is terminated on the ground that the said contract is unpaid.”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 to 4 (including branch numbers), the purport of the whole pleadings

2. According to the above facts, the instant lease agreement was terminated on September 6, 2019 as the Defendant’s payment of rent. The Defendant delivered the instant real estate to the Plaintiffs. ① The Plaintiffs deliver the instant real estate, ② The Plaintiffs are obligated to pay the unpaid rent or unjust profit 70,010,000 won (as in attached Form 2, the sum of unpaid rent or unjust profit 120,010,000 won - 50,000,000 won - from October 6, 2021 to February 5, 2021, which is the date the judgment of the instant case was rendered; ② from October 201 to November 5, 2020; ③ from October 201 to November 5, 201, the annual interest rate of KRW 50,000 under the Civil Act to 120,000,000 from December 5, 2021; and ③ from December 20, 2005.

As to this, the Defendant’s monthly rent is KRW 2,50,000 between the first Plaintiff and the Defendant on October 2018.

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