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(영문) 대구지방법원 서부지원 2018.06.07 2017가단11838
건물인도등
Text

1. The Plaintiff:

A. The Defendants deliver the buildings listed in the separate sheet;

B. Defendant B shall be KRW 30,100,000 and this shall apply.

Reasons

1. Facts of recognition;

A. On October 16, 201, the Plaintiff’s husband D determined and leased the instant building to Defendant B with a deposit of KRW 10 million, KRW 600,000 per month of rent (the increase of KRW 100,000 per month after two years), and the period from November 13, 201 to November 14, 201.

(hereinafter “instant lease”). B.

D A died on February 3, 2014, and there was a dispute between their successors, and Defendant B suspended the payment of rent.

C. On April 2017, the Plaintiff succeeded to the status of the lessor of the instant lease requested Defendant B to pay the overdue rent, and then notified the Defendants of the termination of the instant lease on July 25, 2017.

The rent in arrears by the Defendant B until August 31, 2017 is KRW 30,100,000, and the Defendant C uses the instant building with the husband of the Defendant B as the husband of the Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the fact of the above recognition, since the lease of this case terminated on July 25, 2017 due to the late payment of rent for at least three months from Defendant B-3, the Defendants are obligated to deliver the building of this case to the Plaintiff. Defendant B is obligated to pay to the Plaintiff the amount equivalent to the rent of KRW 30,100,000, calculated by the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 14, 2017 to the date of full payment after the delivery of a copy of the complaint to the Plaintiff, and the amount of delay damages calculated by the rate of KRW 70,000 per month from September 1, 2017 to the date the delivery of the building of this case is completed.

3. If so, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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