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(영문) 광주지방법원 2021.02.10 2020가단526195
건물인도 등
Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list. The defendant shall pay to the plaintiff KRW 21,502,710 and this shall apply.

Reasons

1. Facts of recognition;

A. On June 29, 2018, the Plaintiff entered into a lease contract with the term of lease from June 30, 2018 to June 29, 2020, the lease contract was concluded with the amount of KRW 20 million as the lease deposit, monthly rent of KRW 20 million, monthly rent of KRW 200,00 (additional tax, and payment on the 15th day of each month) (hereinafter “instant lease contract”); and the Defendant operated the entertainment center in the said real estate.

B. By June 2020, the Defendant unpaid the rent of 30 million won or more for three or more times.

(c)

The plaintiff finally notified the termination of the instant lease agreement on February 5, 2020, and was served on the defendant around that time.

(d)

The Plaintiff’s removal of the instant real estate and waste disposal costs are KRW 1,00,000, and the unpaid electricity charges are KRW 502,710.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated on the ground of the defendant's delinquency, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay damages at the rate of 12% per annum per annum as stipulated in the Civil Act from July 1, 2020 to August 12, 2020, the delivery date of a copy of the complaint of this case from July 12, 2020, the sum of KRW 20,000,000 excluding the deposit of KRW 10,000,000,000, and waste disposal expenses, and the sum of KRW 1,502,710,000,000, excluding the deposit of KRW 10,000,000,000, to the plaintiff. The above obligation to pay damages at the rate of late July 1, 200 to the above 20,204.

3. If so, the plaintiff's claim is justified.

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