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(영문) 서울중앙지방법원 2018.11.08 2017나58924
건물명도(인도)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of delivery and payment.

Reasons

1. Basic facts

A. As of October 28, 2016 between the Plaintiff and the Defendant, the lessor: (a) the Plaintiff; (b) the lessee; (c) the Defendant; (d) the leased object of the lease; (c) the term of the contract from November 10, 2016 to November 9, 2017; (d) the lease deposit amount of KRW 25,00,000; and (e) the monthly rent of KRW 2,350,000 (excluding value-added tax); and (e) the rent payment date of the lease amount of KRW 5,350,000 (excluding value-added tax); and (d) the late payment delay interest rate of KRW 10 per annum.

B. On October 28, 2016, the Plaintiff and the Joint Defendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd (hereinafter “C”) concluded a lease agreement (hereinafter “C lease agreement”) with the Plaintiff, the lessee, the lease property C, the lease property of G-84.39 square meters among the real estate listed in the attached Table, the contract term from November 10, 2016 to November 9, 2017, the lease deposit amount of KRW 10,000,000 for lease deposit, the monthly rent of KRW 1,19,910 for rent payment, and the delayed payment rate of rent of KRW 10% per annum

C. As of October 21, 2016, two joint and several suretiess (Evidence A4 and the joint and several sureties’s certificate in the name of the defendant, hereinafter “instant joint and several sureties”) with the content that C is liable for the failure to pay rent to the plaintiff, and that C is liable for the failure to pay rent to the plaintiff.

The Defendant and C jointly occupied and used the portion on board (the total sum of the leased objects stipulated in the instant lease agreement and the C lease agreement; hereinafter referred to as “the portion on possession of this case”) that connects each point in the attached Form Nos. 2, 3, 4, 5, 6, and 2 in sequence, among the real estate listed in the attached list.

E. From December 2, 2016 to April 2017, the rent payable for the occupied portion under the instant lease agreement and C lease agreement has not been paid, and the unpaid rent and arrears have not been paid.

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