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(영문) 서울중앙지방법원 2018.05.25 2018가단9706
건물명도 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) the delivery of No. 404 of the fourth floor of the Gangnam-gu Seoul Metropolitan Building;

(b) 10,218,889 Won and its corresponding;

Reasons

1. On or around July 11, 2016, the Plaintiff entered into a lease agreement with the Defendant on the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant real estate”) with a deposit of KRW 10 million, KRW 700,000 per month, KRW 65,00 per month, management expenses, and lease period from July 12, 2016 to July 11, 2018. The rent and management expenses shall be paid in advance on the 30th day of each month, and shall be paid additional 24% per annum per annum at arrears (hereinafter “the instant lease agreement”). According to the purport of the instant lease agreement, the Defendant did not pay only the rent and management expenses after the conclusion of the said lease agreement, but did not pay the rent and management expenses as of January 31, 2018, and the Plaintiff did not express his/her intention to collect additional 100,000,000 won per annum between the parties to the instant lease agreement and the Plaintiff’s entire 28181.

2. According to the above facts, the lease contract of this case was terminated on the grounds of the Defendant’s delinquency in paying two or more rents. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the interest calculated at the rate of 15% per annum from February 27, 2018 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case, calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 1, 2018 to the day of complete payment, and the interest calculated at the rate of 765,000 won per month from February 1, 2018 to the day of complete delivery of the instant real estate.

3. If so, the plaintiff's claim is reasonable and acceptable.

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