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(영문) 서울중앙지방법원 2016.01.13 2015가단78251
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From April 11, 2015, the name of the said real estate.

Reasons

1. Basic facts

A. On July 7, 2014, the Plaintiff agreed to add a deposit of KRW 10 million to the Defendant, monthly rent of KRW 310,000,000 (prepaid on July 11, 2014), the lease period from July 11, 2014 to July 10, 2015 (hereinafter “instant lease contract”), and to add a delay compensation amounting to 24% per annum to the overdue rent in the event the instant lease contract is terminated due to the delayed payment of at least two vehicles.

B. On April 10, 2015, the Defendant delayed to pay a total of KRW 17 million as of April 10, 2015, and the Plaintiff terminated the said lease by serving the instant complaint on the grounds of the delinquency in rent for more than two years.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts found above, the instant lease contract was terminated lawfully, and thus, the Defendant is obligated to order the Plaintiff to provide the instant real estate, and pay the amount calculated by the rate of KRW 3.1 million per month from April 11, 2015 to the completion date of the order to return unjust enrichment equivalent to the rent and the rent from April 11, 2015 to the completion date, and to pay damages for delay calculated by the rate of KRW 24% per annum pursuant to the agreement from May 15, 2015 (the day following the delivery of the complaint) to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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