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(영문) 서울서부지방법원 2018.06.28 2018가합275
건물명도(인도)
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party B:

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

(b) 362.

Reasons

1. Indication of claim;

A. On September 23, 2014, the Plaintiff (Appointed Party) and the Appointed Party B, co-owners of the real estate listed in the separate sheet (hereinafter “instant real estate”) concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 500,000,000, monthly rent of KRW 44,00,000, and the period from December 14, 2014 to December 13, 2016.

B. When the Defendant was unable to pay the instant lease agreement from time to time, and at least three vehicles were in arrears, the Plaintiff (Appointed Party) and the Appointed B notified the Defendant of the termination of the instant lease agreement on September 21, 2016, and the Defendant’s unpaid rent amounting to KRW 362,00,000.

C. Since the instant lease contract was terminated, the Defendant is obligated to order the Plaintiff (Appointed Party) and B to order the instant real estate, and ② to pay the amount of delayed rent or rent, KRW 362,00,000, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 8, 2018 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint, and to pay the amount of money calculated at the rate of KRW 44,00,000 per month from March 14, 208 to the day of completion of delivery of the instant real estate.

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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