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(영문) 서울북부지방법원 2019.07.09 2019가단111667
건물명도(인도)
Text

1. Defendant C:

(a) deliver apartment buildings listed in the separate sheet;

(b) 27,625,000 won and as regards this;

Reasons

1. Facts of recognition;

A. On December 28, 2016, the Plaintiff entered into a lease agreement with Defendant C by setting the lease deposit of KRW 50 million, monthly rent of KRW 1.7 million, and the period on December 27, 2018 (hereinafter “instant lease agreement”). Defendant C occupied and resided in the instant apartment at that time.

B. The term of the lease relationship between the Plaintiff and the Defendant C terminated due to the expiration of the above term, and the sum of the overdue rent reaches KRW 27,625,00 as of March 6, 2019.

C. Defendant D, who was unaware of the Plaintiff, completed the move-in report on the instant apartment on January 4, 2017, and also resides at the time of the closing of argument in the instant case.

[Ground for Recognition] Defendant C: Defendant D: The absence of dispute, each entry of evidence A Nos. 1 through 6, the purport of the whole pleadings, and the purport of the whole pleadings under Article 150 (Voluntary Confession) of the Civil Procedure Act

2. According to the above facts of determination, Defendant C is obligated to deliver the apartment of this case to the Plaintiff, and pay to the Plaintiff the delayed rent of KRW 27,625,00,00 and damages for delay calculated at the rate of 15% per annum from March 28, 2019 (the day following the day when the duplicate of the complaint of this case was served to Defendant C) to May 31, 2019, and 12% per annum from the next day to the day of complete payment (based on the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and to pay to the Plaintiff the amount equivalent to the rent of KRW 1,70,00 per annum from March 7, 2019 to the day when the delivery of the apartment of this case is completed. ② Defendant D, who has no legitimate authority to occupy the apartment of this case, is obligated to leave the apartment of this case from the Plaintiff.

Therefore, the plaintiff's claim against the defendant C is accepted within the above scope of recognition, and the remainder is dismissed. The plaintiff's claim against the defendant D is justified, and it is so decided as per Disposition.

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