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(영문) 창원지방법원 2018.09.20 2018가합633
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a)on delivery of No. 403 of the fourth floor of the Seongdong-gu, Changwon-si;

(b) 1,761,928 Won and its corresponding;

Reasons

If the purport of the entire argument is added to the evidence Nos. 1 through 6, the Plaintiff entered into a lease agreement with the Defendant on February 16, 2016, with the lease deposit of KRW 20,000,000, monthly rent of KRW 1,870,000 (including value-added tax), and the lease agreement for the Defendant (hereinafter “instant lease agreement”) with the Defendant during the lease period from March 1, 2016 to February 28, 2018, the Plaintiff received KRW 20,00,000 from the Defendant and received from the Defendant for the deposit of KRW 40,00,00,00 from the Defendant, and the Defendant should pay the Plaintiff the interest of KRW 16,00 on April 8, 2016 to the Plaintiff for the non-performance of the obligation of KRW 196,00,000, respectively.

The lease contract of this case was terminated on February 28, 2018. As of February 28, 2018, the Defendant’s unpaid rent was KRW 21,761,928 [The 196,94,979 Won [the 196,94,979 Won (1%) interest on February 19, 2018, 196,949 Won (1%) based on the instant performance letter of performance (19,694,979 Won)]. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay damages for delay calculated at the rate of 15% per annum from June 6, 2018, which is the day following the delivery date of a copy of the application for modification of the claim of this case from June 6, 2018.

Furthermore, the defendant continues to occupy the real estate in spite of the expiration of the instant lease contract, and in ordinary cases, the amount of profit from possession of the real estate is the difference in the real estate.

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