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(영문) 광주지방법원순천지원 2019.02.28 2018가단79169
건물명도(인도)
Text

1. The Defendant: (a) the Plaintiff:

Attached Form

b) deliver the buildings listed in the list;

Of the above buildings, the annexed drawings 1 and 2.

Reasons

1. Basic facts

A. On July 1, 2002, the Plaintiff leased the said building to the Defendant as the owner of the building indicated in the attached list (hereinafter “instant building”); and on July 1, 2002, the Plaintiff set the deposit amount of KRW 3 million, monthly rent of KRW 300,000 to the Defendant.

(hereinafter “instant lease agreement”). After that, the Plaintiff and the Defendant renewed the lease agreement and increased the rent to KRW 440,000 per month from July 1, 2013.

B. The Defendant occupied the instant building in accordance with the instant lease agreement and installed a sand position panel roof (hereinafter “instant facilities”) on the (A) section of the instant building, which connected each point of Section 1, 2, 3, 4 and 1, in turn, among the above buildings.

C. Around 2016, the Plaintiff expressed his/her intent to refuse to renew the lease agreement to the Defendant, and the Defendant did not pay the rent from October 2017.

The instant lease agreement includes the fact that it will be restored to its original state at the lessee’s expense before the object is returned.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts as seen earlier, since the instant lease contract was terminated by the Plaintiff’s declaration of intention that it will be terminated by the delivery of a copy of the complaint of this case on the grounds of the delinquency in monthly rent, the Defendant should remove the instant facility to the Plaintiff and deliver the instant building.

In addition, as a result of unpaid rent or unjust enrichment, 5.28 million won (=40,000 won x 12 months) plus 3.0 million won from October 2017 to September 2018, 2000 won, 2.2.8 million won, which is the day following the delivery of a copy of the complaint, shall be calculated at the annual rate of 5% as prescribed by the Civil Act from October 17, 2018 to February 28, 2019, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and from October 1, 2018 to the day of full payment.

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