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(영문) 서울남부지방법원 2019.08.22 2019가단205842
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant A: (1) delivers buildings listed in Section 1 of Annex A, and (2) 3,563,550 won and 3.0 thereof.

Reasons

1. Claim against the defendant A;

A. On September 27, 2017, the Plaintiff entered into a lease agreement with Defendant A with a term of lease from September 27, 2017 to December 31, 2019, setting the lease deposit amount of KRW 5,059,00, monthly rent of KRW 385,370. Since Defendant A delayed the difference of nine months from April 2018 to December 2018, the above lease agreement is terminated. Defendant A is obligated to deliver the building listed in attached Table 1 paragraph (1) to the Plaintiff, and pay the principal of KRW 3,563,50, and delay compensation for delay from January 1, 2019 to December 31, 2019; Defendant A has a duty to pay the Plaintiff a balance of nine months from January 1, 2019 to December 3, 2018; and Defendant A is obligated to pay the amount of delay compensation for delay from January 1, 2019 to KRW 3,468,30.

(b) Applicable legal provisions: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. A claim filed against Defendant Korea Rehabilitation Agency (hereinafter “Defendant Welfare Agency”) and Defendant B

A. 1) On March 25, 2014, the Plaintiff and the Defendant Corporation connected each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the buildings listed in the attached Table 1 List 2, among the buildings listed in the attached Table 1 List 2 (hereinafter “instant housing”).

As to the lease term, from April 10, 2014 to June 30, 2016, the lease contract was concluded by setting the lease deposit amount of KRW 7,513,00, monthly rent of KRW 274,00 (hereinafter “instant lease contract”).

2) Since then, Defendant Corporation sublet the instant housing to Defendant B with the Plaintiff’s consent.

3) The Defendant Corporation or Defendant B delayed the payment of rent for ten months from March 2018 to December 2018. The instant complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delay of rent for more than three months was served on the Defendant Corporation and the Defendant B, respectively.

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