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(영문) 부산지방법원 2017.10.12 2017가단19964
건물명도
Text

1. The Defendants are to the Plaintiff:

(a) deliver one floor of the buildings listed in the annex;

(b)co-operate 8,799,999.

Reasons

1. Facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the purport of all pleadings.

6. Separate assessment of value-added tax;

7. If monthly taxes are in arrears, 20% per month shall be paid in addition to that. (a)

On February 11, 2016, the Plaintiff entered into a lease agreement with Defendant B on a deposit of KRW 30 million, monthly rent of KRW 2 million, and the lease agreement between February 29, 2016 to February 28, 2018 (hereinafter “instant lease agreement”). On February 29, 2016, the Plaintiff delivered the instant building portion to Defendant B, and the agreement included a special agreement with the following contents:

B. Since December 29, 2016, Defendant B delayed payment of the rent for the instant building part. In the instant building part, Defendant C operates the coffee shop (hereinafter “instant coffee shop”).

C. On April 7, 2017, the Plaintiff sent to Defendant B a document to the effect that the instant lease contract is terminated on the grounds of the delinquency in rent, which appears to have reached the Defendant B around that time.

2. Judgment on the claim against the defendant B

A. According to the above facts, it is reasonable to view that the instant lease contract was lawfully terminated on April 7, 2017 according to the Plaintiff’s notice of termination on the ground of the overdue overdue charge of Defendant B.

Therefore, Defendant B delivers the instant building portion to the Plaintiff, and 7,33,33 won in arrears for the period from December 29, 2016 to April 7, 2017 (i.e., KRW 2 million x 110/100 x (30 days in three months), including value added tax, and (ii) additional charges of an agreement equivalent to 20% x 1,466,666 won in addition to KRW 8,799,99 ( KRW 7,333,366,6666, 200 x 7,333333 x 20/100 x 200 x 2017 x 2010 won in arrears) from April 8, 2017.

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