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(영문) 서울북부지방법원 2017.11.01 2016가단147672
건물명도
Text

1. The defendant C among the 45,254,000 won from the plaintiff, the month from August 20, 2017 to the delivery date of the real estate listed in the annexed sheet.

Reasons

In full view of the purport of the argument in Gap evidence Nos. 1, 2, 4, 5, and 9, the plaintiff agreed to lease the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") to defendant C on June 24, 2013, and to renew the lease contract on June 1, 2015, with the deposit deposit of 50 million won, monthly rent of 300,000 won, and the lease term of 20,000 won from June 20, 2015 to June 19, 2017, and the "interest of 2% from June 20, 2017", and the defendant C did not pay the monthly rent to the plaintiff from June 20, 2016 to June 24, 2016, the plaintiff occupied, occupied, and used the real estate of this case with the defendant D without paying the monthly rent to the plaintiff, and it is recognized that the plaintiff notified the termination of the lease contract to the defendant on at least the date.

According to the above facts, the lease contract between the Plaintiff and the Defendant C was lawfully terminated by the termination, and the overdue rent was 4,200,000 won (14 months x 300,000 won) in arrears for 14 months from June 20, 2016 to August 19, 2017 near the date of closing the argument of this case, and it is obvious that the sum of interest calculated by the ratio of 2% per month is 546,00 won.

Therefore, Defendant C is obligated to deliver the instant real estate to the Plaintiff at the same time with the remainder of the deposit 45,254,000 won [50,000,000 won [4,200,000 won [4,200,000 won]] deducted from August 20, 2017 to the delivery date of the instant real estate at the rate of KRW 300,000 per month, and Defendant D also has the duty to deliver the instant real estate to the Plaintiff.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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