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(영문) 광주지방법원 2017.08.10 2016가합60855
건물명도
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

2. Defendant A: (a) December 12, 2016, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 12, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A, setting the lease term as KRW 10 million from December 12, 2012 to December 11, 2014, the lease deposit amount of KRW 1.65 million from December 12, 2012 to December 11, 2014, and the monthly rent of KRW 1.65 million (including value-added tax, the subsequent payment system, the due date, and the late payment delay damages of KRW 18% per annum). The Plaintiff received KRW 10 million from Defendant A a lease deposit.

B. Defendant B (the representative director is Defendant A) has the head office on the instant real estate, and the Defendants jointly possess the instant real estate.

C. On September 7, 2016, the instant lease agreement was explicitly renewed between the Plaintiff and the Defendant A, and the Plaintiff sent to the Defendant A a postal item stating that “The instant lease agreement was renewed once, and the term of the lease would expire on December 11, 2016, and would no longer renew the lease agreement, and thus, deliver the instant real estate to the Defendant A by December 11, 2016.” The said postal item was served on September 8, 2016.

During the lease term, Defendant A did not pay to the Plaintiff KRW 90,000,000,000 for monthly rent from August 2016 and KRW 82,50,000 for monthly rent from August 2016 to December 12, 2016 ( KRW 1650,000 per month x 5 months), and the Plaintiff did not pay to the Plaintiff KRW 9,150,000 and delay damages. The Plaintiff did not have any deposit for lease at the lease deposit amount of KRW 10,000,000 after deducting all the overdue rent obligations.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8 (including each number for additional evidence), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. According to the facts as to the Defendants’ request for the delivery of the instant real estate, the instant lease agreement was concluded on December 2, 2016.

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