(영문) 수원지방법원안양지원 2019.05.03 2018가단118983

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(영문) 수원지방법원안양지원 2019.05.03 2018가단118983

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 5,368,780 and as regards this, the amount shall be determined by the following:

Reasons

1. Facts of recognition;

A. On December 16, 2016, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the content that the lease deposit is KRW 20 million, the term of lease from January 31, 2017 to January 30, 2018, the monthly rent is KRW 140,000 ( separate tax), and the management fee is borne by the Defendant. On January 30, 2017, the said lease term was changed to KRW 1.65,00 (including additional tax) (hereinafter “instant lease agreement”).

B. However, the Defendant did not pay to the Plaintiff KRW 3,080,00, out of the monthly rent until March 31, 2018 under the instant lease agreement, and KRW 2,288,780, and KRW 3,650,00 (including additional taxes) from April 1, 2018 to December 13, 2018.

C. The Plaintiff, as the instant complaint, expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency, such as monthly rent, etc., and the duplicate was served on the Defendant on February 7, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Prior to the determination of the Plaintiff’s notice of termination of the instant lease agreement, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 8, 2019, the day following the delivery date of a copy of the instant complaint to the day of complete payment, and to pay the amount calculated by the rate of 1.65 million won per month from April 1, 2018 to the day of complete delivery of the instant real estate.

I would like to say.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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